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Overtime, Minimum-Wage Exemptions Clarified by New DOL Opinions

June 25, 2020, 5:59 PM

The Labor Department released a series of new opinion letters, including one that clarified whether a salesperson whose primary duty is to set up displays at retail trade shows or big-box stores is covered under the Fair Labor Standards Act’s exemption for “outside sales.”

The DOL said in that opinion letter—one of five released Thursday—that an employer of a salesperson who performs demonstrations at locations other than big-box stores, under certain circumstances, is exempt from overtime and minimum-wage requirements “only if their primary duty is performing sales work directed toward the consummation of their own sales.”

However, sales made through ...