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, as in more than 50% of your day, is spent 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.