Employer Wage & Hour Basics (FLSA)

04

The computer employee and outside sales exemptions

Two exemptions run on rules unlike anything covered so far: one trades the salary test for a duties list built around programming and systems work, the other trades the office for the road. Both turn on specifics most employers get wrong.

In this chapter

  • The computer employee exemption depends on four specific duties, not on job title or industry
  • Computer professionals can be exempt on a salary or on a special hourly rate — the only exemption with that option
  • Outside sales exemption depends on where the work happens and whether the primary duty is making the sale, which is why drivers, merchandisers, and comparison shoppers land on different sides of the line