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Question regarding validity of my outside sales job Minnesota

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  • Question regarding validity of my outside sales job Minnesota

    I work a mandatory 8 to 7 7:30 Monday through friday sales job. Every day there is 2 to 2 and a half hours of time that we are involved in training, sales seminars, pep talk, team meetings all that goofy sales stuff, but we are not compensated for this time, nor can we make money during this time. Additionally, we are forced to drive to locations where we conduct sales and sometimes the locations are an hour away. We do not recieve any compensation for gas. We sell merchandise for the purpose of marketing for other companies. For example, we sell Emergency Medical ID's- which is provided by the DARE program and the American Medical Association. Proceeds go to our company, my commission and to the DARE non profit charity. We go to gas stations, grociery stores and retail stores. We have an event coordinator that gets accounts for the outside sales employees to conduct their sales. We have to check in with store managers before we set up and before we leave.

    My questions-

    1. The merchandise we sell applies to interstate commerce, so I was wondering if only federal laws can be applied to my case?

    2. Title 29, part 541- "The outside sales employee is an emplee who makes sales at the customers place of business...." "Any fixed site whether home or office, used by a sales person as a headquarters or for telephonic solicitation of sales is considered one of the employers places of business, even though the employer is not in any formal sense the owner or tenant of the property."

    From the context, we were selling to customers at their time of leisure or recreation, not at their "place of business." Additionally, If we have an event coordinator who gets our sales accounts and a manager who determines your location (gas station, retail store, grociery sotre), can this be considered a "fixed site" even though the employer is not a "owner or tenant of the property?" Can I use this in a small claims court?

    3. We have an employee handbook that states you must follow a 5 step sales pitch. This 5 steps includes informing the customer about the companies, i.e. the DARE program. If we are promoting in conjunction with our sales, is this still considered outside sales?

    4. Because of the mandatory arrival and departure times, should we be compensated for overtime, sense it is not optional.

    5. Do I have a case for getting reembursment for gas? and what sort of records should I have if I proceed with a court case?

    6. Do I have a case worth taking to court? Im thinking of going to small claims court, I have worked just 2.5 weeks
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