News & Analysis as of

Exempt-Employees Salespersons Minimum Wage

Fisher Phillips

"Outside Salesman": Two Simple Words Make for One Complex Exemption

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Two recent opinion letters from the U.S Department of Labor (USDOL) examine the contours of the federal Fair Labor Standards Act’s (FLSA) “outside salesman” exemption, which exempts covered employees from the FLSA’s minimum...more

Proskauer - Law and the Workplace

Retail Salespeople Paid on Commission Are Entitled to Overtime and Sunday Pay, Massachusetts SJC Says

On May 8, 2019, Massachusetts’ highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays. The Supreme...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

Davis Wright Tremaine LLP

Changes to Minimum Wage Laws in 2019 Will Affect Nonexempt and White Collar Employees, as Well as Commissioned Inside Salespeople

As 2019 approaches, California employers should take note of the following changes to state and local minimum wage laws, which remain more generous than federal law and will affect both nonexempt and exempt employees....more

Fisher Phillips

It Happened Again…

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WARNING: If you are a regular recipient of the Dealership Update or a Fisher Phillips client, chances are that you will not necessarily learn anything new by reading this article. When you hear that a dealership settled a...more

Bradley Arant Boult Cummings LLP

Bright Future in Sales? The Outside Salesperson FLSA Exemption

With minimum wage increasing at federal, state, and local levels and with wage and hour cases on the rise, we receive many questions about exemptions to overtime laws. One such exemption that does not get as much coverage as...more

Fisher Phillips

Serenity Now – Looking Back On USDOL's Actions Mid-Year, And A Sneak Peek At What Might Be Coming

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We are almost half way through 2018, and this year has been filled with fast and furious changes at USDOL. Proposed tip credit changes (Check, including a reaction from Congress and more tip credit changes on the horizon)....more

Fisher Phillips

Don’t Forget About Minimum Wage And Recordkeeping!

Fisher Phillips on

No doubt last month’s Navarro ruling in the Supreme Court was a big win for retail automotive. That decision affirmed that the same federal overtime exemption that applies to a “salesman, partsman, and mechanic” also applies...more

Sheppard Mullin Richter & Hampton LLP

Governor Brown Signs Bill Clarifying Wage Statement Requirements for Exempt Employees

On July 22, 2015, Governor Brown signed AB 2535 that clarifies which employees for whom an employer must track hours worked and record those hours on their wage statements. The bill will become effective January 1, 2017. ...more

Seyfarth Shaw LLP

How Insurance Industry Employers Can Navigate the New White-Collar Overtime Rules: Turning Legal Challenge Into Business...

Seyfarth Shaw LLP on

As most insurance industry employers are probably aware by now, the Department of Labor has proposed revisions to its regulations that seek to further limit the instances in which certain employees may qualify as exempt from...more

McNees Wallace & Nurick LLC

Are Your Sales Employees Properly Classified as Exempt?

Many employers treat their sales employees as exempt from the Fair Labor Standards Act's overtime and minimum wage requirements. Regardless of whether they pay them a salary, commissions, or some combination of both,...more

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