The requirements of the exemption are: (a) The establishment in
which the employee or proprietor works must qualify as an exempt retail
or service establishment under section 13(a)(2) of the Act; (b) the
employee or proprietor must be engaged in handling telegraphic messages
for the public pursuant to an agency or contract arrangement with a
telegraph company; (c) such employee or proprietor must be one to whom
the minimum wage and overtime pay provisions of the Act would not apply
in the absence of such handling of telegraphic messages (See Western
Union Tel. Co. v. McComb 165 F. 2d. 65 (CA-6), certiorari denied, 333
U.S. 362); and (d) the exemption applies only where the telegraphic
message revenue does not exceed $500 a month. For purposes of this
exemption only, in determining whether a retail or service establishment
meets the percentage tests contained in section 13(a)(2) of the Act, the
receipts from the telegraphic message agency will not be included.
