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- Overtime
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- Common Employment Law Questions
- Discrimination Questions
- Overtime Questions
- Am I Exempt or Non-Exempt for Overtime or Minimum Wage?
- Am I Considered a Highly Compensated Employee Who Is Exempt from Overtime?
- Am I Considered an Outside Salesperson and Exempt from Overtime?
- Am I Entitled to A Lunch Break?
- Are Executive or Professional or Administrative Employees Exempt from Overtime?
- Can I be Required to Work 7 Days a Week?
- Can I be Required to Work 72 Hours a Week?
- How do I Calculate my Overtime Rate?
- Is my Computer Related Occupation Exempt From Overtime?
- Should I get Paid for Time Spent Preparing for Work?
- Should I get Paid for Travel Time?
- General Questions
- Class Action Cases
- Fraud Against the Government
- Contact Our Lawyers
Am I Considered an Outside Salesperson and Exempt from Overtime?
- Outside salespeople are exempt from overtime, but only if they meet the following definition of outside salespeople:
- - You must be over 18 years old, and
- - Your primary duty must either making sales or obtaining orders/contracts for which a client or customer will pay, and
- - You usually work away from your employer's place of business and at the customer's place of business or home, selling tangible or intangible items, and
- - You are spending more than 50% of your time doing these "outside sales" duties.
- - You receive commission-based compensation.
You are not considered an outside salesman if you make sales by mail, telephone, or the Internet or if you work from your home or your employer's office.
If you are a driver who delivers products and also sell these products you may be considered an outside salesperson if your primary duty is making sales.
There are other reasons you may be exempt from overtime that you may want to look into.
» Contact Deskin Law Firm About Your Overtime Compensation Question
If you believe that you are not getting overtime wages when you should use our detailed Overtime Compensation Question form to send us a detailed question about your overtime situation.