CALIFORNIA OUTSIDE SALESPERSON EXEMPTION:
If you are working as a salesperson, you may be entitled to overtime pay, even if you are paid on a commission basis, unless you are exempt under California’s Outside Sales Person Exemption or California’s Overtime Exemption Inside Sales. To be exempted under the California Outside Sales Person Exemption you must:
- 1) Be 18 years of age or older, and
- 2) Spend more than fifty percent of your working time away from your employer’s place of business “selling” your employer’s product or services.
The distinguishing factor with regard to the outside sales exemption in California is the duties and the location where those duties are performed. If you are a salesperson who spends over half of your working day engaged in sales activity away from your employer’s office, then you may fall under the California outside sales exemption. Federal law is similar except that employees may fall under the California Outside Sales Person Exemption if they spend over twenty percent of their time engaged in the work of non-exempt employees. As such, if you work as an outside sales person and spend significant time performing tasks other than selling, your employer should consider whether or not you fall under the California Outside Sales Person Exemption. Even if you are exempt from overtime under the California Outside Sales Person Exemption or the California Inside Salesperson Exemption, you should be entitled to reimbursement of all of your work related expenses. If you are exempted from overtime pay as a Sales Person, you may be improperly classified and could be entitled to overtime compensation.
Contact Rawa Law Group APC for more information at the following number 866-200-1212 or visit us at the following website https://www.zrawa.com, to setup a time to discuss your case. We can help you.
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