News & Analysis as of

Salespersons Misclassification

Parker Poe Adams & Bernstein LLP

First Circuit Reminds Employers That Inside Sales Positions Are Non-Exempt

We frequently encounter situations where employers classify their salesforce that primarily sells through telephone and internet means as salaried exempt employees, primarily for purposes of overtime and minimum wage payment...more

Littler

Open House on Classification of Commissioned Real Estate Salespeople? New Jersey Court Rules ABC Test Does Not Apply for State...

Littler on

In a recently published appellate division decision, Kennedy v. Weichert Co., a New Jersey court addressed the issue of classification of commissioned real estate salespeople as independent contractors.  The court ruled that...more

Akerman LLP - HR Defense

Don’t Sell Your Company Short: Properly Classify Sales Employees

While certain sales employees are exempt from minimum wage and overtime requirements under federal and state laws, others are not. Getting it wrong can be a costly mistake, so employers are well advised to ensure their...more

Snell & Wilmer

Resource for Companies Evaluating Compliance with New Overtime Laws

Snell & Wilmer on

Many companies are in the process of completing internal audits to prepare for the new salary and overtime rules that go into effect on December 1, 2016. While the changes do not impact the duties-portion of FLSA exemptions,...more

Laner Muchin, Ltd.

Recent Settlement Of FLSA Collective Action A Reminder Of The Perils Of Outside Sales Exemption

Laner Muchin, Ltd. on

A federal district court judge recently approved the final settlement of a lawsuit between a collective class of sales representatives and their employer regarding an alleged misclassification under the outside sales...more

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