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elaws - employment laws assistance for workers and small businesses - FLSA Overtime Security Advisor

Outside Sales Employees

Because you indicated that the employee's primary duty is not making sales or obtaining orders or contracts for services or use of facilities, the employee does not appear to meet the duties tests for exemption as an outside sales employee. An employee who does not meet all of the tests for exemption is entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA).

If you have further questions about your situation, you may want to review Fact Sheet 17F: Exemption for Outside Sales Employees Under the FLSA or contact your local Wage and Hour Division office. You may want to return to the Main Menu to see if the employee meets the requirements for exemption under another category.

FLSA Overtime Security Advisor Main Menu | Wage and Hour Division