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March 05, 2010
FLSA Overtime Exemption for Outside Salespeople

In the BLR webinar "Job Descriptions: How to Tackle Tricky Drafting Hurdles to Maximize Compliance and Effectiveness," Attorney Olivia Goodkin examined the FLSA exemption available to outside sales positions.

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She noted that to qualify for this exemption:

  • The employee’s primary duty must be making sales (as defined in the FLSA), 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; and
  • The employee must be customarily and regularly engaged away from the employer’s place or places of business.

Olivia Goodkin, Esq. is a partner in the Los Angeles office of Rutter Hobbs & Davidoff where she specializes in liability avoidance and employment-related litigation. She can be reached via email at mogoodkin@rutterhobbs.com.

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