Outside salesperson

Did you: Were you: Did you receive pay (or any non-monetary compensation) for your work? Did you not receive pay because Did you receive time and one half pay for every hour over 40? Were you employed by a state or local government? Were you given one and a half hours of comp time for each hour you worked over 40 in a week? Was the comp time arrangement agreed to in either 1) a union contract; 2) other agreement between the employer and a representative of the employees, or 3) an individual agreement between you and the employer? Were you paid: Was your pay: Did your employer classify you as an exempt executive, administrative or professional employee? Is it your primary duty to manage a business or a recognized department or subdivision of the business? Do you regularly supervise 2 or more full time employees (or part time workers whose work totals 80 or more hours per week)? Do you have authority to hire, fire, promote or demote employees (or was your recommendation about such decisions given "special" consideration? Is or was it your primary duty to perform administrative work for your employer or your employer's customers, where the work requires the exercise of discretion and independent judgment? Is or was your primary duty to perform work that: Did you do any of the following work? Outside salesperson Did you spend at least 80% of work time either traveling, making sales, taking orders or contracts or performing work incidental to such sales (e.g. paperwork, maintaining samples, planning travel)? [Promotional work which is done to stimulate sales of the company, but is independent from the orders taken by the salesperson is not considered as outside sales work.] Commision salesperson Were you employed by a retail or service establishment (not a manufacturer), making more than $10.88 per hour, where more than half your pay was commissions on goods or services? Truck driver, driver's helper, mechanic or loader Were you involved in interstate transportation of goods as a regular part of your job? [Interstate transportation can also include an in-state leg of transportation of goods when the shipper intends the interstate travel to include nearly continuous in-state transportation as part of the intended route for the goods being transported.] Babysitter Did you work in your employer's house? Companion for elderly or ill Was less than 20 percent of your work general housekeeping and/or errands? Seaman Did you spend more than 80% of your work time assisting in the vessel's transportation or navigation? Radio or TV Were you an announcer, news editor, or chief engineer for a station in town of 100,000 or less? Car, truck, boat or farm dealership Were you a salesperson, parts-person, service writer, or mechanic at a dealership? Boats, aircraft or trailers manufacturer Did you do retail sales? Taxi driver Did you spend 80% or more of your work time engaged in driving activities. [Clerical work, repair, dispatching, fixed or contract work cannot be included as part of your driving time.] Police, correction officer, or firefighter Did you work for a governmental department with less than 5 employees? Police or firefighter continued Did your employer establish a formal period of work between 7 and 28 days for which it paid overtime when you worked more than the hours set forth in the chart below?

                          Maximum hours standards
                      --------------------------------
Work period (days)    Fire protection  Police or C.O.
------------------------------------------------------
28 ........................ 212              171
27 ........................ 204              165
26 ........................ 197              159
25 ........................ 189              153
24 ........................ 182              147
23 ........................ 174              141
22 ........................ 167              134
21 ........................ 159              128
20 ........................ 151              122
19 ........................ 144              116
18 ........................ 136              110
17 ........................ 129              104
16 ........................ 121               98
15 ........................ 114               92
14 ........................ 106               86
13 ........................  98               79
12 ........................  91               73
11 ........................  83               67
10 ........................  76               61
9 .........................  68               55
8 .........................  61               49
7 .........................  53               43

Recreation, camp religious or conference center Was your work "seasonal" meaning the business operated for less than 7 months in any calendar year or that its average receipts for any 6 month period are less than 1/3 that of the other 6 month period? National park, forest or refuge Were you paid overtime at the rate of time and one half for all hours over 56 in a workweek, if you worked that much? Agriculture Were you involved in any of the following: 1) farming, cultivating, or producing agricultural or horticultural products; 2) dairying, or raising livestock, bees, fur-bearing animals or poultry; 3) working for a farmer on a farm; or 4) farm or nursery planting or propagating of trees or shrubs (other than Christmas Trees)? [Please note that if you did any regular work on a farm with produce from another farm, you should click "no" below.] Newspaper Did you work on a weekly, semiweekly or daily newspaper where the major part of the circulation was within the county where the paper was published or contiguous counties? Newspaper Did you do newspaper delivery? Switchboard operator Did you work for an independently owned public telephone company with not more than 750 stations? Switchboard operator Did you perform more than 80% of your work time on switchboard operations to meet this definition? Maid or domestic servant Did you reside in the employer's home or grounds? House parent couple Was the couple paid more than $10,000? Tobacco auction Did you receive time and one half for all hours over 10 in a day and 48 in a workweek? Timber or lumber industry Do either of the following apply to you: 1) your employer has fewer than 8 employees engaged in surveying, tending, cruising, felling, or transporting timber; or 2) on a farm, you cultivate or manage forests, cut, haul or trim lumber? Criminal investigator Were you a federal criminal investigator who was paid "availability pay" for periods of unscheduled overtime duty? Independent Contractor Analysis Many individuals who are classified as Independent Contractors are really employees. Employees who are treated as independent contractors may be owed substantial amounts of back pay and liquidated damages. Check all that apply below to determine if you should have been treated as an employee. Independent Contractor Analysis Continued... Check all that apply: It is very possible that you were mis-classified as an independent contractor. If that is true, by law, you should have been treated as an employee and would have had a right to overtime compensation at the rate of time and one-half for hours over 40. We have been unable to conclude that you were improperly classified as an independent contractor. Independent contractors do not have a right to overtime compensation at a rate other than their contract rate.