Employment Law Articles
Salespersons Can Be Entitled To Overtime Pay And Minimum Wage
By Scott Adams | Employment Law Attorney
Published on April 24, 2016
Many employees believe that because they are engaged in “sales” that they are not entitled to overtime pay or minimum wage. The Orlando overtime lawyers at LaBar & Adams, P.A. have discerned that the basis of this belief by employees is that they are paid on a “commission basis,” and therefore are not entitled to overtime pay or minimum wage. This belief is false. Just because an employee is paid on a “commission” or on a “production” basis does exclude them from receiving overtime pay or minimum wage. Rather, “commissions” are simply payments for hours worked. This is true regardless of whether the commission is the sole source of the employee’s compensation, is paid on some other basis, and regardless of the method, frequency, or regularity of computing, allocating, and paying the commission.
It has been found that the following types of salesperson are entitled to overtime pay and minimum wage:
- adjustors for finance company
- advertising solicitors
- auto finance solicitors
- collection company employees
- cosmetics sample employee
- insurance salesperson supervisor
- route salesperson
While it is true that the belief that salespersons are not entitled to overtime pay or minimum wage because they are paid on a commission basis is false, some salesperson are excluded from the protection of overtime pay and minimum wage laws. Salesperson that are customarily and regularly engaged away from the employer’s place of business making sales or obtaining orders are not entitled to overtime pay or minimum wage. The following types of salesperson have been found to not be entitled overtime pay and minimum wage:
- insurance agents
- real estate sales person
- and bank employees that solicit loans, credit cards, or contracts from individuals away from the employer’s premise
Most workers are employees for the purpose of overtime pay and minimum wage. To be sure you are properly classified and are receiving your rightful legal protections you should contact our highly knowledgeable overtime pay and minimum wage lawyers in Orlando, FL. You may call us at 407-835-8968 or fill out the online form on this page and we will contact you shortly.
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