Abstract
The enactment of the Fairpay Overtime Initiative (FOI) in August 2004 fundamentally changed the manner in which employers determine the overtime eligibility of their workforce. For the first time, this controversial addition to the Fair Labor Standards Act specifically designated the outside sales position as exempt from overtime benefits. This article points out the diverse set of preconditions, salary considerations, and strict provisions of this new exempt category as well as possible means to classify as exempt other members of an organization's sales force. An illustrative model is presented as a practical tool to assist in the proper determination of any position within an organization's sales force. It provides a number of specific recommendations, criticisms, and implications that are relevant to any organization employing individuals engaged in sales.
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