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

Date: Wednesday, January 25, 2017
Time: 1:00 p.m. - 2:15 p.m. ET

CLE credit available in multiple states.

Though significant attention has been paid to the executive, administrative, and professional exemptions under the Fair Labor Standards Act (FLSA) in recent months, employers should not overlook the exempt status of their salespeople. The scope of sales exemptions under the FLSA is often misunderstood and frequently leads to misclassification.

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 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

Practical Law provides practical, up-to-date resources across all major practice areas to help lawyers in law firms and in-house legal departments get up to speed quickly, save time and protect the bottom line.

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