Does this apply to you?
Are you a commissioned salesperson who works primarily from a designated job site performing sales or generating leads by phone or over the internet? You may be entitled to overtime if you earn less than half of your total compensation from commissions.
Many companies make the mistake of classifying all commissioned salespeople as “exempt” from overtime protections. However, the exemption is actually quite narrow for employees who primarily perform “inside sales” tasks – including sales duties performed by phone or internet communication.
Similarly, companies that pay inside salespeople on a “straight commission” basis may make the mistake of underpaying for overtime hours, failing to pay minimum wages in slower weeks, or miscalculating the rates at which overtime is paid.
If you worked over 40 hours in a week performing “inside sales,” we would like to hear from you.