Outside Sales Exemption
An outside salesperson, or outside sales representative, is an employee that spends most of their work time outside of the office, selling products and obtaining orders and contracts from clients. Pharmaceutical sales reps, insurance salespersons, commissioned delivery drivers, and manufacturing representatives who market and merchandise retail are examples of outside sales employees.
Most outside salespersons are exempt from the Fair Labor Standards Act (FLSA), federal labor law that requires employers to provide minimum wage and overtime pay to their employees.
Many outside sales employees are also exempt from California labor laws requiring employers to provide meal and rest breaks, minimum wage, and overtime pay to their employees.
Improperly classifying outside sales employees as exempt is a violation of both federal and state labor law. Outside sales employees who have been improperly classified may be entitled to back wages, overtime pay, and other damages dating back several years of employment.
Are You Classified Correctly?
If you believe you’ve been intentionally or inadvertently improperly classified as an outside sales employee, you may be eligible to file a wage claim to recover your damages.
Understand your rights as a worker. Call toll-free (800) 254-9493 or fill out the form to speak with an employment attorney about your potential wage claims. All consultations are free and confidential.
We Get Results for Employees
| Acosta | $9.9 million for unpaid overtime and business expenses |
| Spansion | $8.5 million for employees laid off without proper notice |
| Masco | Backpay for workers who were misclassified |
| Fleetwood | Backpay for employees laid off without proper notice |
| Cosmo | $1 million for merchandisers who were not compensated for off-the-clock work |
| First Franklin | Backpay for workers who were not paid overtime |