Should I classify an outside pharmaceutical sales representative (PSR) as exempt or non-exempt for purposes of the Fair Labor Standards Act (FLSA) and overtime pay?

A PSR can be classified as an outside salesperson exempt from the FLSA's overtime requirements if he or she has a primary duty of making "sales" and customarily and regularly works away from the employer's place of business. Obtaining nonbinding commitments from physicians to prescribe an employer's drugs is considered sales activity. As a general rule, a PSR who spends at least half of his or her time making sales will fulfill this requirement; however, an employee may spend less time making sales as long as the employee is relatively free from direct supervision, is paid a higher wage than other employees who perform the same type of non-sales work and the non-sales work is not as important as the sales duties.