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Outside sales exemption pay in California California

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  • Outside sales exemption pay in California California

    So I recently started a new job as a sales rep for (a lawn care co.) in concord CA. I get paid a base salary of $600/week, and commission. I was told and after doing some reading on here that I should be getting paid twice the minimum wage a week, being $8.25 x 40 x 2 = 660/week. Correct? I read that it was $644 a week however the post was old. I am being forced to work earlier and later everyday on a whim and at like 70+ hours a week going door to door, I'd like my pay right or my overtime if they are not following the exemption rules! Can anyone explain what is right in this case? My manager claims he doesn't know if we are exempt when I brought it up so I said then we should be getting ot pay, and he keeps dodging it. For 2 weeks now. Please help shed some light on this for me! Online I read alot of complaints about this and them screwing you on commission all over the USA, this company just doesn't seem to be upright.
    Last edited by Betty3; 05-28-2010, 09:14 AM. Reason: remove name of employer

  • #2
    Well, it's $640 per week, but the salary requirement does not apply to outside salespersons. See here under Definitions, and under Section 1(C).
    http://www.dir.ca.gov/IWC/IWCArticle4.pdf
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      You should probably remove your company's name...

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      • #4
        Originally posted by Pattymd View Post
        Well, it's $640 per week, but the salary requirement does not apply to outside salespersons. See here under Definitions, and under Section 1(C).
        http://www.dir.ca.gov/IWC/IWCArticle4.pdf
        So they could pay whatever they want and not pay overtime? Wow.
        If it wasn't totally different from what he said in the interview I'd not mind really but after working here and seeing how they ip you on commission and play dumb and say they can legally only pay $750 a week in commission and force all the overtime they want it's not worth it.
        Last edited by Jinx161; 05-28-2010, 11:04 AM.

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        • #5
          Sorry, but that's the law in all 50 states, The FLSA provides for no salary minimum for outside salespersons.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Agreed. But precisely because that particular exception is so pro-employer, courts and administrative jurisitions tend to call "balls and strikes" very tight with this exception. Meaning that it is always a good idea to take a very hard look at the actual rules and make sure they really apply. Outside Sales is historically very over used, and frequently employers get hammered in court for misclassification. I will include a pointer to the federal factsheet, but the OP is in CA, and Patty already cited the CA specific rules on this.

            Federal rules on Outside Sales.
            http://www.dol.gov/whd/regs/complian...tsidesales.htm
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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