Sales Labor Law References

Outside Sales Exemption

Employees who perform outside sales work are owed overtime and are eligible for an overtime lawsuit in California if less than 50% of work time is spent in actual outside sales and related activity. Outside sales does not include sales made by mail, telephone or the Internet unless such contact is used merely as an adjunct to in-person sales visits with clients. Because of unpaid overtime labor laws in California, any fixed site, whether home or office, used by a salesperson as headquarters or for telephonic sales soliciting is considered a place of business, even though the employer is not in any formal sense the owner or tenant and does not constitute time in outside sales. Sales that originate by telephone generally do not qualify as outside sales.

Inside Sales Exemption

Commissioned inside sales persons must earn guaranteed overtime pay of at least one and one half times the minimum wage for all hours worked each week and more than half of their income from bona fide sales commissions to qualify as exempt from overtime pay. If the payscale is not andhered to an overtime lawsuit could apply. Inside sales representatives are entitled to rest and meal periods or premium compensation in lieu thereof. Again, an overtime lawsuit may be viable if rest periods are not provided.

Source: ck-lawfirm.com

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