FLSA · wholesale / bulk petroleum · § 7(b)(3)
FLSA petroleum bulk overtime (12/day or 56/week)
For employees of an independently owned local wholesale or bulk petroleum distributor, 29 U.S.C. § 207(b)(3) / 29 CFR Part 794 pays 1.5× the regular rate after 12 hours in a workday or 56 in a workweek — whichever overtime count is greater, no pyramiding. Hours between 40 and 56 are at least 1.5× federal MW; if the typed rate is already that high, they stay at the regular rate. Not FLSA 40, not 8/80, not 7(k), not MO amusement 52.
How § 7(b)(3) / 29 CFR 794.142 pays
Section 7(a) ordinarily requires 1.5× the regular rate after 40. Subsection (b)(3) is a partial exemption for an independently owned and controlled local enterprise engaged in wholesale or bulk distribution of petroleum products if annual gross sales are under $1,000,000 exclusive of excise taxes, more than 75% of sales are in the State, and not more than 25% are to customers engaged in bulk distribution for resale.
29 CFR 794.142: hours over 12 in any workday, or hours over 56 in the workweek, whichever number is greater, must be paid at 1.5× the regular rate — 10 daily overtime hours and 8 weekly overtime hours means 10 hours of 1.5×, not 18. 794.141: hours between 40 and 56 that are not already at 1.5× RR must be paid at least 1.5× the § 206 minimum. If the regular rate is already ≥ 1.5× MW ($10.875 at the 2026 federal $7.25), those mid-band hours stay at the regular rate — that is why five 10-hour days at $20 total $1,000 here and $1,100 on /overtime/.
Five 10h days @ $20 → $1,000 (50 regular; RR > 1.5× MW).
Same on /overtime/ → 40 + 10 OT = $1,100.
Six 10h days @ $20 → 56 regular + 4 OT = $1,240 (FLSA-40 $1,400).
794.142 schedule 14/9/10/15/12/8 = 68h @ $24 → 12 weekly > 5 daily → 56×$24 + 12×$36 = $1,776 (regulation’s $2.40 example ×10; $177.60 at $2.40).
One 14h day @ $20 → 12 + 2 OT = $300.
Five 10h days @ $8 → 40×$8 + 10×$10.875 = $428.75 (MW floor on hours 40–56).
Sources
- 29 U.S.C. § 207(b)(3) — Maximum hours; petroleum bulk partial exemption (Cornell LII, HTTP 200)
- 29 CFR § 794.142 — Special compensation when overtime in excess of 12 daily or 56 weekly hours is worked
- 29 CFR § 794.141 — Workweeks when hours do not exceed 12/day or 56/week; 1.5× MW on hours 40–56
- 29 CFR § 794.140 — Compensation requirements for a workweek under section 7(b)(3)
FAQ
When does petroleum bulk overtime start?
1.5× the regular rate after 12 hours in a workday or 56 in a workweek, greater-of (794.142). Hours 40–56 at least 1.5× federal MW if the regular rate is below that floor (794.141).
Is this FLSA weekly 40?
No. /overtime/ is after 40 at 1.5× RR. Five 10-hour days at $20 are $1,000 here and $1,100 there.
Classic 794.142 example?
14+9+10+15+12+8 = 68 hours. Weekly overtime hours (12) exceed daily overtime hours (5), so 12 hours at 1.5×. At $2.40 → $177.60; at $24 → $1,776.
Same as 8/80 or 7(k)?
No. /flsa-8-80/ is hospital § 207(j). /flsa-7k/ is public-agency fire/police. This page is private local bulk petroleum.
Same as Missouri amusement after 52?
No. /missouri-amusement-overtime/ is weekly 52 with no daily 12. Six 10-hour days are $1,240 here and $1,200 there.
Who is covered?
Independently owned local wholesale/bulk petroleum under the $1M / 75% in-state / ≤25% bulk-resale gates. Motor-carrier 13(b)(1), refineries, and enterprises over $1M are out of punch scope.