Employees Who Sell: Understanding the FLSA’s Exemptions for Sales Employees

Recorded on: Wednesday, January 25, 2017

Practical Law does not offer CLE credit for the on-demand program. 

Join Practical Law and the Wage & Hour Defense Institute for a free, 75-minute webinar providing guidance on minimum wage and overtime pay exemptions applicable to sales employees under the Fair Labor Standards Act (FLSA).  Speakers Paul Bittner of Ice Miller LLP (Columbus, OH) and Lawrence Peikes of Wiggin and Dana LLP (Stamford, CT), both members of the Wage & Hour Defense Institute, will discuss the sales exemptions, how to properly classify and compensate employees with sales duties, and the impact of improper classification, including:

  • Understanding key elements of the exemptions.
  • Defining "outside" sales.
  • Distinguishing sales and sales-related activities.
  • Defining a "retail or service establishment."
  • Structuring compensation.
  • Identifying compensation "representing commissions."
  • Revisiting pharmaceutical sales and auto service advisors.
  • Dealing with misclassified employees.
  • Complying with differing state law.

A short Q&A session will follow.

Paul Bittner, Partner, Ice Miller LLP (Columbus, OH)

Lawrence Peikes, Partner, Wiggin and Dana LLP (Stamford, CT)

Suzanne K. Brown, Senior Legal Editor, Practical Law Labor & Employment
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