Thursday, March 8, 2007

New DOL Opinion Letter on Overtime Exemption for Home Sales Employees

Dolseal_4 Thanks to Rosario Vega Lynn of the New Mexico Labor and Employment Law Blog for bringing to my attention this opinion letter from the Department of Labor's Wage and Hour Division on whether home salespersons qualify for the outside salesperson exemption from overtime under the Fair Labor Standards Act (FLSA).

Rosario summarizes the ruling thusly:

The U.S. Department of Labor has issued an opinion letter concluding that home sales employees who work in “temporary sales facilities” qualify as exempt for overtime as outside sales employees. These employees are typically provided temporary offices in model homes or trailers located in or near the community where the builder is selling homes.

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The DOL allows an exemption for outside sales employees if the employee is regularly and customarily engaged “away from the employer’s place or places of business.”  The DOL Wage and Hour Division has further allowed that, “So long as a salesman customarily and regularly goes to the site of the property or to prospects as a part of making his sales, this requirement for ‘outside’ sales work would be met.”   

You can read the entire opinion letter here.

 PS

https://lawprofessors.typepad.com/laborprof_blog/2007/03/new_dol_opinion.html

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