"Work" includes any labor benefitting an employer. It includes work at home, "off the clock" work, preparatory work to your shift, clean-up time after your shift. It includes time spent on break, when the breaks are 20 minutes or less. Time spent working at home (for example, answering emails or doing other work for your job) is work time, if the employer knew or should have known that you worked at home. Work does not generally include: lunch time of 1/2 hour or more, when you are free to leave the work site and your time is your own to do what you please. On call time, or time carrying a beeper is not generally considered work time, if you are otherwise free to do whatever you wish with the time. Generally the courts have held that such on-call time is not work time even when there are geographical or sobriety restrictions on an employee during the on-call period. However, time spent actually talking on the phone to answer calls or beepers is work time. An employer treats you as an employee if you filled out a W-4 tax form or I-9 when you started work, pays you a regular paycheck and deducts tax withholding, or gives you a W-2 tax report in January for the prior tax year. An employer probably treats you as an independent contractor if you did not fill out a W-4 tax form or I-9 when you started work, there is not tax withholding from your paycheck, or you receive a 1099 tax form instead of a W-2 tax form in January for the prior tax year. In general, the exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct and acting or making a decision after the various possibilities have been considered. The term implies that the person has the authority or power to make an independent choice, free from immediate direction or supervision and with respect to matters of significance. "Discretion and Independent Judgment" is distinguished from the use of skill in applying techniques, procedures, or specific standards and does not apply to employees making decisions relating to matters of little consequence. The term "executive" generally is defined to mean an employee who is compensated on a salary basis at a rate of not less than $250 per week and whose primary duty consists of the management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof, and includes the customary and regular direction of the work of two or more other full time employees. An employee who's primary duty is either (1) The performance of office or non-manual work directly related to management policies or general business operations of his employer or his employer's customers, or (2) The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein. Such work must entail the exercise of discretion and independent judgment. "Outside salesperson" means an employee (a) Who is employed for the purpose of and who is customarily and regularly engaged away from his employer's place or places of business in making sales, or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and (b) Whose hours of work of a nature other than that described in paragraph (a) do not exceed 20 percent of the hours worked in the workweek by nonexempt employees of the employer. Note however that work performed incidental to and in conjunction with the employee's own outside sales or solicitations, including incidental deliveries and collections is counted as sales work. The term "professional" is not restricted to the traditional professions of law, medicine, and theology. It includes those professions which have a recognized status and which are based on the acquirement of professional knowledge through prolonged study. It also includes the artistic professions, such as acting or music. A "Commission Salesperson" is an employee of a "retail or service establishment" who receives more than half his compensation for a representative period (not less than one month) as commissions on goods or services. A retail or service establishment is defined as an establishment 75 per cent of whose annual dollar volume of sales of goods or services (or of both) is not for resale and is recognized as retail sales or services in the particular industry. Typically a retail or service establishment is one which sells goods or services to the general public. It serves the everyday needs of the community in which it is located. The retail or service establishment performs a function in the business organization of the Nation which is at the very end of the stream of distribution, disposing in small quantities of the products and skills of such organization and does not take part in the manufacturing process. Such an establishment sells to the general public its food and drink. It sells to such public its clothing and its furniture, its automobiles, its radios and refrigerators, its coal and its lumber, and other goods, and performs incidental services on such goods when necessary. It provides the general public its repair services and other services for the comfort and convenience of such public in the course of its daily living. Illustrative of such establishments are: Grocery stores, hardware stores, clothing stores, coal dealers, furniture stores, restaurants, hotels, watch repair establishments, barber shops, and other such local establishments.