In order for an employee to come within the exemption from the
overtime pay requirement provided by section 7(i) for certain employees
receiving commissions, the employee must be employed by a retail or
service establishment. The term ``retail or service establishment'' is
defined in section 13(a)(2) of the Act. The definition is set forth in
Sec. 779.24; its application is considered at length in subpart D of
this part. As used in section 7(i), as in other provisions of the Act,
the term ``retail or service establishment'' means an establishment 75
per centum of whose annual dollar volume of sales of goods or services
(or of both) is not for resale and is recognized as retail sales or
services in the particular industry.
