Outside Salesman Overtime In Ca

[epoca]

To whom it may concorn:

My salesman is working from Mon. to Sat. and I just pay $12/hour without commision.
Do I have to pay him daily overtime and saturday's overtime ?
Do I have to make any contract with salesman if i don't want to pay overtime?

Please let me know.

Thanks

BK

[LConnell]

The outside salespersons must meet the requirements for exemption under the Fair Labor Standards Act (FLSA) in order to be considered exempt. The website that you can look at regarding exemptions of outside salespersons may be found at: http://www.dol.gov/esa/regs/compliance/whd/hrg.htm#8

California makes an additional require for exemption. That is, to be considered as exempt in California, the employee must make at least two times the state minimum wage for a full-time equivalent employee. That is, the person must be making at least $2340.09 per month, equal to $13.50 per hour.

Your staff does not meet the requirements for exemption. Therefore, without the raise to the monthly wage stated above and without meeting the other factors for exemption, you must pay them overtime for hours worked over 8 in day or 40 in a week.

Let me know if you have any other questions.