Certain employees who are primarily involved in selling are exempt from overtime, but the law is very specific about which employees qualify. Even a person who’s regularly out in the field, closing sales, may not be exempt under the federal Fair Labor Standards Act.
Sales-related job titles and commission pay plans don’t matter at all for exemption purposes; what does matter are factors such as the types of sales activities your outside salespeople perform and the amount of time they spend away from your place of business. You don’t want to make a mistake here – getting it wrong, even inadvertently, can land you in a heap of expensive trouble.
Order this in-depth, practical 90-minute audio conference recording all about the outside sales exemption. Our expert speaker will explain the rules governing this exemption, including the most recent changes to the “making sales” and “obtaining orders for contracts or services” tests, as well as others. She’ll also share practical techniques for classifying outside sales employees correctly, the best ways to avoid common overtime exemption mistakes, and advice on conducting effective internal audits to spot errors before they turn into big trouble.
You and your colleagues will learn:
- The most common mistakes employers make when classifying outside sales employees – and how you can avoid repeating them
- How to correctly apply the standard duties test to your outside sales workers
- What the phrase “customarily and regularly work away from the employer’s place of business” means in the FLSA regulations – in plain English – and how the definition may affect your typical exempt sales agents’ basic job duties
- The types of promotional activities that the FLSA considers exempt sales work
- How to review your outside sales job classifications and descriptions for red flags that could mean classification errors
- When drivers who sell may qualify for overtime exemptions
- The recordkeeping techniques you can use to defend your exemptions for outside salespeople
- The safest ways to fix outside sales exemption classification errors – without triggering DOL audits and employee claims
4 Audio Conferences to Help with Your FLSA Challenges
Workers can be classified as exempt from overtime if they fall under one of four exemptions. The administrative exemption, covered in depth in this audio conference, is one of the four. Don’t miss these upcoming audio conferences from BLR that will provide additional in-depth guidance on the other three exemptions:
Attend all 4 and save $277!
Conferences only: just $599—over a 30% savings
CD recordings only: just $599—over a 30% savings
Conferences + CD recordings: just $699—over a 35% savings
There’s no better way to get your wage & hour practices in line for 2009 than a complete review of the four overtime exemptions—take advantage of our full series and save now.
Tuesday, December 2, 2008
10:30 a.m. to 12:00 p.m. (PST)
11:30 a.m. to 1:00 p.m. (MST)
12:30 to 2:00 p.m. (CST)
1:30 to 3:00 p.m. (EST)
About Your Speaker:
Kristine E. Kwong, Esq., is a partner in the Los Angeles office of the national law firm Hinshaw & Culbertson, LLP. She advises and counsels clients on a wide range of business and employment issues, including wage and hour matters, noncompete and restrictive covenant agreements, executive compensation packages, the full range of disciplinary matters, discrimination, harassment, and leaves of absence, including the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), Pregnancy Disability Leave (PDL), the Americans with Disabilities Act of 1990 (ADA), and the California Fair Employment and Housing Act (FEHA). In addition, her practice includes the drafting and updating of handbooks, policy manuals, codes of conduct, and severance packages, and she regularly produces and presents training programs for employers on current issues of employment law. Kwong earned her law degree from the University of the Pacific (McGeorge School of Law).
Approved for Recertification Credit
This program has been approved for 1.5 recertification credit hours toward PHR and SPHR recertification through the Human Resource Certification Institute (HRCI). For more information about certification or recertification, please visit the HRCI homepage at www.hrci.org. The use of this seal is not an endorsement by HRCI of the quality of the program. It means that this program has met HRCI’s criteria to be pre-approved for recertification. credit.
How Do Audio Conferences Work?
An audio conference is remarkably cost-effective and convenient. You participate from your office, using a regular telephone. You have no travel costs and no out-of-office time.
Plus, for one low price you can get as many people in your office to participate as you can fit around a speakerphone.
Because the conference is live, you can ask the speakers questions—either on the phone or via e-mail.
With your registration, you also receive conference materials, with additional practical information from Business & Legal Reports, sent to you via e-mail shortly before the conference.
Why You Can Sign Up to Attend This Event with Confidence
As with all Business & Legal Reports products, you're completely protected. If, for any reason, you are unsatisfied with this audio conference, simply let us know, and we will return your entire registration fee.