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Claim Your Free Copy of Overtime Primer: Highlights from the New Regulations

The federal DOL overtime regulations go into effect this year. Are you ready?

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This report includes a summary of key changes, including the salary level test and salary basis test.

As a bonus, we've included a handy flowchart to help you determine exemption status under the FLSA.

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May 05, 2010
Criteria Necessary for an Employee to Quality for an Outside Sales Exemption

In a BLR webinar entitled "Exemption Audits: Prepare Now for Stepped-Up Department of Labor (DOL) Enforcement -- Who's Entitled to Overtime and Who's Not," Cheryl D. Orr, Esq. partner and co-chair of the national Labor and Employment Practice Group at Drinker Biddle & Reath LLP described the principles used to define an employee as eligible for an Outside Sales exemption.

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While it is important to consider state laws and unique precedents, the Outside Sales exemption generally applies to employees who:

  • Have the primary duty of making sales, or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer
  • Work away from the employer's place of business

Cheryl D. Orr, Esq. is a partner and co-chair of the national Labor and Employment Practice Group at Drinker Biddle & Reath LLP. She concentrates her practice on defending employers against FLSA collective actions and state and federal wage and hour class actions. She regularly litigates discrimination, harassment, and unfair competition claims, conducts high-level workplace investigations, develops plans for reductions in force and offers employer advice and counseling.

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Top 100 FLSA Overtime Q&As
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