Are all salesmen exempt under the commission exemption?
A:
Are you an inside salesperson or an outside salesperson? Depending on your answer, you may be entitled to commissions, as well as overtime and hourly pay.
The law looks at whether you are inside or outside salespeople in very specific ways, but sales people are often misclassified workers, just as independent contractors are often actually employees. Employers misclassify their workers for many reasons. In a bad economy, some employers misclassify workers to save money. Some employers, especially small employers, simply don't know or understand the law and they do not actually intend to misclassify or cheat anyone. Still, good intentions are not enough when it comes to your livelihood. If you underperform as a salesperson, or the company feels you are not making them enough money, they will not hesitate to let you go. Why should you hesitate if they owe you commissions or back pay?
The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in: Houston, Dallas, Austin, San Antonio, Fort Worth, Pasadena, Laredo, Sugar Land, Lubbock, Illinios, New York, Massachusetts, Los Angeles, Chicago, Philadelphia, Phoenix, San Diego, San Jose, Jacksonville, Indianapolis, San Francisco, Columbus, Charlotte, Detroit, and more.
