Outside salespersons whose primary duty is making sales, taking orders, or contracting with customers for services or facility use, are usually exempt from overtime pay laws set forth by the Fair Labor Standards Act (FLSA). In addition, to be properly classified as an Outside Salesperson, you must regularly work away from your employer’s place of business, usually at the customer’s place of business or home.
A court will consider a variety of factors to determine whether you are truly an Outside Salesperson for the purpose of earning overtime: your primary job duties; whether you actually work away from the employer’s place of business and, if so, how often; your other job duties; and the nature of the employer’s primary business.
If you believe you have been wrongfully denied overtime, the best option is to contact an experienced attorney who can advise you on your rights. We handle these cases on a “No Win, No Fee” basis, which means that you pay absolutely no legal fees or expenses unless we win a settlement for you. Call our award winning law firm today at (800) 754-2795 for a free, no obligation case review.