Outside and Inside Sales
Employees who generate their
own sales or obtain orders may be labeled “outside sales” employees by their
employers. If an “outside sales” person
devotes more than 20% of the hours on work to jobs other than making sales, she
may well be due overtime. The same
standard applies to “Inside Sales.” True
“outside sales” employees are not due overtime pay. Whether “Inside Sales” employees are due
overtime depend on the job duties performed.
Unfortunately, this is a very common problem. Remember: it does not matter what your job
title is. What matters are your real job
& Mason, plc has successfully
represented employees in a national class action involving the
misclassification of “inside sales” employees.
See What a class action looks like.
Crone & Mason, plc
obtained a favorable and non-confidential settlement for all “inside sales”
employees because much more than 20% of the hours were clerical and non-sales
related. By calling some employees
“inside salespersons,” employers have use this scam to get free office work or
See Commissioned Sales as a cross-reference.
If you do civic or charitable
volunteer work because your employer asks that you do it, it should be counted
as hours worked and you should be paid for it.
Here are some examples of when you should be paid:
- your employer
asks you to do it
directs or controls the work
- the work is done
when you should be at your place of business working
If you volunteer on your
own, without promise, or expectation of being paid, this should not be treated
as hours worked.
You cannot “volunteer” to
work for free at the job for which you are normally paid. In other words, your employer cannot force or
coerce you to work “off-the-clock.” You
must be paid for all time spent doing your job.
See Work Off-the-Clock.