Yes. The new rules strengthen overtime rights for inside sales employees. The new rules expressly states that there is no statutory authority to exempt inside sales employees from the FLSA minimum wage and overtime requirements under the outside sales exemption. 6) Question: Do the requirements for outside sales employees remain the same? Answer: Yes. Overtime protections for outside sales employees remain the same. The 20-percent time test in the old outside sales exemption was extremely difficult to understand. The change from employees who are employed for the purpose of making outside sales to employees whose “primary duty” is outside sales is not substantive. The definition of “primary duty” in the new regulations emphasizes that it must be the employees “principal, main, major or most important duty,” Under both the old and new rules, employees will not be exempt from overtime unless their primary duty is outside sales. Assigning some outside sales work to an otherwise non-exempt
Yes. Overtime protections are strengthened for inside sales workers. The final rules strengthen overtime rights for inside sales employees. First, in the final rules preamble, the Department expressly states that it does not have statutory authority to exempt inside sales employees from the FLSA minimum wage and overtime requirements under the outside sales exemption. 69 Fed. Reg. at 22162. Second, under the administrative exemption, the final rules include an example protecting the overtime rights of inside sales employees: [A]n employee whose primary duty is selling financial products does not qualify for the administrative exemption. 541.203(b). Here is the info I’m concerned about with the sick time. There is no sick pay policy at my company… http://www.dwd.state.wi.us/er/labor_…rd_13109_p.htm Can the employer make deductions from salary if the employee is sick? Yes, but only if the deduction is made in conjunction with a bona fide sick pay policy that provides payment for abse
