An employee for an automotive and truck parts company is an exempt outside salesperson under the FLSA and the New York Labor Law, despite allegations that he was only a service technician, the Court for the Eastern District of New York rules. Domenech v. Parts Auth., Inc., 2015 U.S. Dist. LEXIS 101214 (E.D.N.Y. Aug.
customarily and regularly away
Third Circuit: Racing To Disaster Location Constituted “Outside Sales”
By Noel P. Tripp on
Posted in Exemptions
As we have written before the outside sales exemption is arguably one of the more straight-forward FLSA exemptions, having only two requirements: 1) having as the primary duty making sales or obtaining orders; and 2) doing so away from the employer’s place or places of business “customarily and regularly.” Nevertheless, this simple test can be…
Virginia Judge Finds Another Loan Officer To Be Exempt “Outside” Salesman
By Noel P. Tripp on
Posted in Exemptions
Adding to his string of summary judgment opinions regarding the applicability of the outside sales exemption to mortgage loan officers employed by Prospect Mortgage, Eastern District of Virginia Judge James C. Cacheris issued another opinion granting summary judgment to Prospect because the Plaintiff’s deposition testimony established that he was “customarily and regularly” away from Prospect’s…
Eastern District of Virginia Judge Cacheris Expands Upon “Customarily and Regularly Away” Prong Of Outside Salesperson Analysis
By Noel P. Tripp on
Posted in Exemptions
Following-up on his decision on January 7th granting summary judgment to Prospect Mortgage regarding the applicability of the outside sales exemption to one loan officer, Judge James C. Cacheris of the Eastern District of Virginia has issued two more decisions on similar motions for summary judgment by the employer, granting a second one and…
Virginia Judge Finds Loan Officer to Be Outside Salesman Exempt From Minimum Wage and Overtime
By Noel P. Tripp on
Posted in Exemptions
While much litigation has concerned the applicability of the administrative exemption to loan officers, culminating in the Court of Appeals for the D.C. Circuit’s invalidation of the Department of Labor’s interpretation that they do not qualify for that exemption, loan officers with appropriate job duties and responsibilities may also qualify for the outside sales…
Fifth Circuit Upholds Outside Sales Classification
By Noel P. Tripp on
Posted in Exemptions
The FLSA’s “outside sales” exemption from minimum wage and overtime is among the more straightforward exemptions, in that it contains only two requirements: that the employee be “customarily and regularly” away from the employer’s place of business; and that the employee primarily be engaged in making sales. This simple-sounding test does not preclude disputes regarding its…