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

Workers can be classified as exempt from overtime if they fall under one of four exemptions. The outside sales 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:

• December 2 - The Administrative Exemption (on CD)
• December 4 - The Professional Exemption (on CD)
• December 9 - The Executive Exemption (on CD)

Order all 4 on CD and save $277!
CD recordings: just $599—over a 30% savings

There’s no better way to get your wage and hour practices in line for 2009 than a complete review of the four overtime exemptions—take advantage of our full series and save now.

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 absences, 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.

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