Q: Are outside sales employees considered exempt under the outside sales exemption (OSE) if they work from a home office during the pandemic?
A: Throughout the last 11 months, the pandemic has required most in-person business activity to go virtual; and this is no less true for employees working in sales. However, Zoom meetings and social distancing have made it challenging for employers to classify their sales force as exempt under the OSE of the Fair Labor Standards Act (FLSA).
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