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Sales People being Exempt Florida

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  • Sales People being Exempt Florida

    I have sales staff who are must be licensed in health and life insurance to work in our industry. Does this meet the requirements for professional exemption? This is a license that requires specialized training and a class of 40 hours prior to taking their exam. It also requires them to do continueing education every two years to retain their licensure. By the way we do pay for staff to go to the class and all licensing costs.

  • #2
    Based solely on what you just said, I would say no. I am including a pointer to the rules for the Professional exception. What you have said does not qualify.

    http://www.dol.gov/esa/whd/regs/comp...ofessional.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thanks for responding!!

      Thanks for your insight. To add a couple points to the issue, the licensure if a state designation as a Health and Life Sales Agent. We do pay staff above the dollars listed in the information you provided as well. I have pasted in some of the text that seems to apply, and added how it may relate.

      To qualify for the creative professional employee exemption, all of the following tests must be met:
      The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week - We pay $550/wk not counting commissions.

      The employee’s primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor. - The sales agent must have a thorough understanding of insurance law and insurance carrier underwriting guidelines.

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      • #4
        I agree with DAW. I don't see it either. Just because they must be well-versed in their specialty doesn't necessarily meet the criteria for the Professional exemption. Honestly, I've never heard of salespeople being exempt under this classification.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          The OP can try contacting DOL directly but I am skeptical.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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