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.
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.