dennismart
Nov 8, 2010, 11:33 AM
I work in a sales position. I am out of the office 25-30% of the time on an annual basis visiting customers. The rest of the time I am in the office answering phones and giving prices etc to customers. Am I an exempt employee?
ebaines
Nov 8, 2010, 12:20 PM
If you are paid a salary rather than by the hour, you do non-manual work, and your job requires a good deal of discretion and self-decision making (i.e, non-clerical), then you are most likely exempt. But it's tricky - most inside-sales people who answer phones and quote prices are non-exempt, whereas outside sales people (account execs) are exempt. It sounds like you are doing a bit of both jobs. When you visit customers what do you do? Are you on your own, or do you support a customer account executive? Also, does your job require a college level degree?
dennismart
Nov 8, 2010, 02:23 PM
When I am out of the office, I am pretty much on my own, but that is only 25-30% of the time, tops. I look at there problem and recommend services we provide to correct their problems. We do not have account execs. No degree is required.
ebaines
Nov 8, 2010, 02:40 PM
So you're providing technical or repair assistance to customers, as opposed to making sales calls, right? Again, depending on the complexity involved in providing this kind of support, it can vary, but often repair technicians are non-exempt. However, if you work with computer systems you may be exempt if:
1.You are compensated either on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour;
2. If you are employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below;
3. The employee’s primary duty must consist of:
- The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
- The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
- The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
- A combination of the aforementioned duties, the performance of which requires the same level of skills.
Does ths sound like what you do?
This may help give you further guidance:
Nonexempt, Exempt And Overtime Principles (http://www.ewin.com/articles/exneot.htm)