Jeffrey H. Ruzal, Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm’s New York office, was quoted in SHRM, in “DOL Opinion Letter Clarifies Administrative Exemption,” by Allen Smith.
Following is an excerpt:
The U.S. Department of Labor (DOL) issued five opinion letters on June 25, including one providing analysis of the administrative exemption. The others addressed various Fair Labor Standards Act (FLSA) exemptions and requirements affecting salespeople. …
Other Opinion Letters
The other four opinion letters clarified the scope of exemptions and requirements that apply to salespeople. …
In FLSA 2020-8, the DOL determined that salespeople traveling to trade shows and fairs fit within the outside sales exemption if their primary duty was making sales at those sites. But the exemption may not apply to employees working at big-box stores.
“The employee must be making sales on his or her own account, rather than for a third-party, such as a big-box store” to fit within the exemption, said Jeffrey Ruzal, an attorney with Epstein Becker Green in New York City.