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Exempt vs. Non-Exempt Overtime Pay > Outside Sales Exemption > Elements of Outside Sales Exemption

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The first inquiry a Court examines in an individualized fashion is the work actually performed by the employee to determine how much of that work is exempt. For example, what is the employee actually doing on a day to day basis? If the employee is not away from the employer's business actually making sales as opposed to promoting a product or good, the employee is not performing exempt work and should be paid overtime for all hours worked in excess of eight in a single day and/or 40 hours worked in a single week.

The second inquiry is where the court determines whether the employee's work was consistent with the employer's expectation and whether those expectations were realistic. In other words, was the employee following his or her own agenda rather than the companies which is why the employee does not qualify for the outside sales exemption. 

 

Last updated on May 7, 2012 by [Your Name Here]