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elaws - employment laws assistance for workers and small businesses

- FLSA Overtime Security Advisor

The information in this Advisor does not yet reflect the Overtime Final Rule that became effective 12/1/2016. DOL's Wage and Hour Division is working on updating the content of this Advisor. Please check back periodically as we hope to have this Advisor updated shortly. If you have questions regarding this Advisor, please contact the Wage and Hour Division or find the office nearest you.

Outside Sales Employees

The duties tests for the outside sales exemption also require that the employee customarily and regularly perform his or her sales activities away from the employer's place(s) of business. Customarily and regularly means a frequency that must be greater than occasional but may be less than constant. Tasks performed customarily and regularly include work normally and recurrently performed every workweek; it does not include isolated or one-time tasks. Learn more about away from the employer's place of business.

Is the employee customarily and regularly engaged away from the employer's place(s) of business or other fixed site (e.g., satellite office, office in the employee's home) for the purpose of selling the employer's products, services or facilities?

Yes
No