In House Salesman-- exempt?
ultrasun
2 Posts
Query: Is an in-house salesman who works on a commission-only basis, with a draw each week,to be charged against commissions later earned ( draw equal to Minimum Wage if commisions that week don't exceed $250) but who will earn on a annual basis more than $50,000, considered exempt? Each week the salesman is required to be at the Company showroom in excess of 50 hours and perform basic duties of displaying and storing the products for sale. ( Employee participates in Medical, Matching Pension, and other Company pLans.)
Thanks for your comments.
Thanks for your comments.
Comments
You may just have a mis-classification of this position. If that be the case, someone needs to document the physical activities of this person for the job task performed in a physical sense. The primary duty of an outside sales person is the making of sales, customarily and regularly engaged away from the employer's place or places of business.
The old standard test was a 20% of time devoted to "basic duties of merchandising" a sells product. That has been dropped and replaced with the "engaged away from the er place of business".
I hope this helps you sort through your issues, it must be done or the risk for damages can get tuff with a simple phone call to the Friendly Wage and Hour folks.
PORK