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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| The Fair Labor Standards Act As Applied to Retailers of Goods or Services |
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| Provisions Relating to Certain Employees of Retail or Service Establishments |
The ``professional'' employee or the ``outside salesman'' employed by a retail or service establishment in a covered enterprise, in order to qualify as a bona fide ``professional employee'' or as an ``outside salesman,'' must meet all the requirements set forth in the regulations issued and found in part 541, subpart A of this chapter, and further explained in subpart B thereof. The up-to-40 percent tolerance discussed in Sec. 779.403 for ``administrative and executive employees'' of a retail or service establishment does not apply to the ``professional employee'' or the ``outside salesman.''