The Outside Sales Exemption: How to Avoid Overtime Classification Mistakes in California
Employer Resource Institute Audio Conference
Originally presented on August 2, 2007
Certain employees who are primarily involved in selling are exempt from overtime, but the law is very specific about which employees qualify. Even a person who's regularly out in the field, closing sales, may not be exempt under the California overtime rules.
Sales-related job titles and commission pay plans don't matter at all for exemption purposes; what does matter is factors such as the types of sales activities your outside salespeople perform and the amount of time they spend away from your place of business. You don't want to make a mistake here—getting it wrong, even inadvertently, can land you in a heap of expensive trouble.
Join us on August 2 for an in-depth, practical 90-minute audio conference all about the outside sales exemption. Our experts—three experienced California employment law attorneys—will explain the rules governing this exemption, including what it means for an employee to be "customarily and regularly engaged away from the employer's place of business." They'll also share practical techniques for classifying outside sales employees correctly, the best ways to avoid common overtime exemption mistakes, and advice on conducting effective internal audits to spot errors before they turn into big trouble.
YOU AND YOUR COLLEAGUES WILL LEARN:
- The most common mistakes employers make when classifying outside sales employees - and how you can avoid repeating them
- What the phrase "customarily and regularly engaged away from the employer's place of business" means—in plain English—and how the definition may affect your typical exempt sales agents' basic job duties
- The percentage of time an an outside salesperson must be gone to qualify for the exemption
- The types of sales not included in the definition of "outside sales"
- How to review your outside sales job classifications and descriptions for red flags that could mean classification errors
- The recordkeeping techniques you can use to defend your exemptions for outside salespeople
- The safest ways to fix outside sales exemption classification errors—without triggering DLSE audits and employee claims
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Workers can be classified as exempt from overtime if they fall under one of four exemptions. The administrative exemption, covered in depth in this audio conference, is one of the four. Don't miss these upcoming audio conferences from ERI that will provide additional in-depth guidance on the other three exemptions:
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ABOUT YOUR SPEAKERS:
Laura Innes, Esq., is a partner at the law firm of Simpson, Garrity & Innes in South San Francisco. Innes is engaged exclusively in the practice of labor and employment law. She routinely counsels employers regarding HR issues and has conducted extensive in-house training programs in regard to general employment law, prevailing wage, affirmative action and equal employment opportunity policies and programs.
Marc Jacuzzi, ESQ., is a partner at the law firm of Simpson, Garrity & Innes in South San Francisco. Jacuzzi provides representation and counseling for employers in employment law. He also conducts in-house training programs for employers on a number of employment law topics.
Thomas N. Makris., SPHR, is of counsel at the Sacramento office of law firm Pillsbury Winthrop Shaw Pittman. He has twenty years of experience in employment-related litigation and is a senior professional in human resources.
Approved for Recertification Credit
This program has been approved for 1.5 recertification credit hour toward PHR
and SPHR recertification through the Human Resource Certification Institute
(HRCI). For more information about certification or recertification, please
visit the HRCI homepage at www.hrci.org.
How Do Audio Conferences Work?
An audio conference is remarkably cost-effective and convenient. You
participate from your office using a regular telephone. You have no travel costs
and no out-of-office time.
Plus, for one low price you can get as many people in your office to
participate as you can fit around a speakerphone.
Because the conference is live, you can ask the speakers questions'either on
the phone or via e-mail.
With your registration, you also receive conference materials with additional
practical information from California Employer Advisor sent to you via e-mail
shortly before the conference.
Why You Can Sign Up To Attend This Event with Confidence
As with all California Employer Advisor products, you're completely
protected. If for any reason you are unsatisfied with this audio conference,
simply let us know and we will return your entire registration fee.
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