To qualify for exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis.
Financial Services Employees
To qualify for the administrative employee exemption, all of the following tests must be met:
- The Employee must be compensated on a salary or fee basis at a speed not less than 455 per week;
- The Employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of their employer or the employer’s customers; and
- The Employee’s primary duty includes the exercise of discretion and independent judgment with respect.
Employees In the financial services industry generally meet the duties requirements for the administrative exemption and are not eligible for overtime pay IF their duties include work such as collecting and analyzing information concerning the customer’s income assets investments or debts; determining which financial products best meet the client’s needs and financial circumstances; advising the customer regarding the advantages and disadvantages of different financial products; and marketing, servicing or promoting the employer’s financial products.
To qualify for the outside sales employee exemption, all of the following tests must be met:
- The Employee’s primary duty must be making sales or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the customer or client; and
- The employee must be customarily and regularly engaged away from the employer’s place or places of business.
- The Salary demands of the regulation do not apply to the outside sales exemption. An employee who does not satisfy the demands of the outside sales exemption may nevertheless qualify as an exempt employee under one of the other exemptions granted if all of the criteria for the exemption are met.
Primary duty means the principal, main, major or most important duty that the employee performs. Determination of an employee’s primary duty must be based on the facts in a case.
Sales Includes any sale, exchange, contract to sell, consignment for shipment for sale sales or disposition. It includes the transfer of title to Qual o salario minimo no Chile property that is real and in certain cases, of tangible and valuable evidences of intangible property.
Obtaining Orders or Contracts for Services or for the Use of Facilities
Obtaining Orders for the use of facilities includes the selling of time on radio or television, the solicitation of advertising for newspapers and other periodicals and the solicitation of freight for railroads and other transportation agencies. The term services extend the exemption to employees is who sell or take orders for a service which might be carried out for the customer by someone other than the individual taking the order.