Legal Question in Employment Law in California

I was hired as a salaried outside sales manager. Now I was told that I will no longer be in sales, my job will be under operations as a customer service manager. Can my job do this in California?


Asked on 10/08/09, 7:10 am

2 Answers from Attorneys

Raymond Chandler Law Office of Raymond Chandler

If you have a contract with your employer that states that you were hired as an outside sales manager for a salary and for a certain length of time, then the employer must honor that contract until the time ends. Without a contract, your employer can change your job position at any time, and you have the option of taking the new position or quiting. (If you quit you may not be able to collect unemployment).

As a customer service manager, your status as a salaried employee (as opposed to an hourly wage employee) may change legally. Your employer may not reclassify you as hourly, but legally you may be hourly and be entitled to overtime. It depends on your new job duties; especially if you supervise other employees. If you have any doubt as the whether you should be salaried or hourly, you should consult with an attorney.

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Answered on 10/08/09, 12:06 pm
JEB Pickett Wynne Law Firm

It is also possible that if you were being paid salary as an "outside sale manager" that you may not have met the qualifications to be paid salary instead of hourly. Did you spend at least 51% of your time away from your employer's places of business or your home (if you used it as an office) engaged in sales? Did you work only 8 hours a day or 40 in a week or less? If not, you may be entitled to overtime for your work as an outside sales manager as well.

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Answered on 10/08/09, 1:22 pm


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