Legal Question in Employment Law in California

In California, is an outside sales person exempt? Are they required to make a certain amount of base pay or commission in comparison to their base pay?

Asked on 1/15/19, 10:03 pm

1 Answer from Attorneys

Alden Knisbacher knisbacher law offices

No base pay required - see CA LABOR CODE Sec. 1171.

The definition of outside salesperson is important (see below) - if you are not actually selling or if you spend more than half your time in non-sales related activity (e.g. delivering products) the exemption does not apply.

"Outside salesperson" means any person, 18 years of age or over, who customarily and regularly works more than half the working time away from the employer's place of business selling tangible or intangible items or obtaining orders or contracts for products, services or use of facilities

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Answered on 1/17/19, 6:41 am

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