John Marshall Harlan II

“ The Government points out that the concept of 'sale' is inherently inapposite to the lending of money at interest, and urges that because respondents cannot properly be said to be engaged in the 'saes of goods or services' the exemption cannot as to them come into play even if their activities are recognized as 'retail' in the financial industry. ”

“ A 'retail or service establishment' shall mean 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 ”

“ Until 1949, § 13 (a) (2) exempted from the overtime and record-keeping provisions of the Fair Labor Standards Act 'Any employee engaged in any retail or service establishment the greater part of whose selling or servicing is in intrastate commerce.' The Administrator early ruled that personal loan companies and other business entities in what may broadly be called the 'financial industry' were not within the scope of that exemption. ”