Am I still considered exempt?

[LdiJ]

Yes I did originally ask about the $455 rate for exempt status but I am not clear if the FLSA considered Outside Sales as being 100% exempt from the $7.25 minimum wage rate. If I understand it correctly, and I'm hoping I am not correct, you could work for a 100% commission only job and receive ZERO money every week and it would be totally legal under FLSA, unless a State regulation overrides it.

Not if you are an actual employee of a company. If you are an independent sales rep, that is another story.

 

[leelauer]

Not if you are an actual employee of a company. If you are an independent sales rep, that is another story.

" Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees."

That to me doesn't provide a distinction between independent rep and employee. I am an employee though. It goes on to state that Outside sales are also exempt from the $455/week minimum to still be considered exempt.

 

[eerelations]

Not if you are an actual employee of a company. If you are an independent sales rep, that is another story.

This is wrong. OP is correct.