In this Note, the Author examines how the Fair Labor Standards Act (FLSA) classifies salespeople and concludes that salespeople should not be classified as administrative employees exempt from overtime wages. The Note examines the background and history of the FLSA, including the administrative exemption. Several recent decisions are reviewed regarding salespeople and the administrative exemption. The Author also examines the Department of Labor’s interpretation of the exempt status of salespeople. Finally, the Author sets out the argument that sales personnel in today’s service-based economy mirror the line workers contemplated by the FLSA in the production-based economy at the time the statute was originally enacted, and as such, the protections within the FLSA for production workers should apply to sales personnel.
Kathryn S. Crouss, EMPLOYMENT LAW--WELCOME TO THE JUNGLE: SALESPEOPLE AND THE ADMINISTRATIVE EXEMPTION TO THE FAIR LABOR STANDARDS ACT, 34 W. New Eng. L. Rev. 205 (2012), http://digitalcommons.law.wne.edu/lawreview/vol34/iss1/7