Outside Sales Exemptions

There are several techniques used to seal a sale. In particular, some clients may react extremely well to having a resourceful person there to provide a demonstration, answer questions, or offer that personal touch that a teleconference cannot produce. As a result, many companies employ a salesperson or sales team that does not often work within that company’s main offices, instead going out to meet directly with potential clients. These individuals often work long, unusual hours, making them candidates for Fair Labor Standards Act overtime exemptions.

If you feel that you may have suffered financially because your employer misclassified your employment status, it may be appropriate to consider legal action. Contact the Houston employment lawyers of Ross Law Group at 713-482-6910 to learn more about your legal rights.

Grounds for the Exemption

As outside salespeople work under significantly different circumstances compared to in-house sales teams, the law regarding their compensation for additional hours is similarly different. Although outside sales is less common, it nevertheless retains a special category under the Fair Labor Standards Act. In order to determine who qualifies for this exemption, the following must be true:

• Most work cannot occur at a satellite headquarters
• Time at hotel rooms or other outside locations count as away from the office
• Sales should mostly be made at the client’s place of business
• The primary job description of the employee should be in selling

Some indicators of holding a sales position include working primarily off of commission, training in sales tactics and strategies, retaining professional freedom in the field to discuss contract matters, and holding a title within the company that describes a sales-related responsibility.

Contact Us

If you are in a sales-related position, there may be special conditions under the law regarding your ability to collect overtime pay. If you feel that your employer has wrongfully denied you overtime compensation, contact the Houston employment attorneys of Ross Law Group today by calling 713-482-6910.