|Under Pennsylvania Law, Most Salespeople Are Non-Exempt From Overtime Laws, |
and Therefore Entitled to be Paid Overtime
If You Spend Less Than 80% of Your Time on the Road Making Sales Calls, You Are Probably NOT Exempt From receiving Overtime Pay Even if the Company Says You Are Exempt
The Key - the 80% Rule: if you are employed in Pennsylvania, and spend less than 80% of your time actually on the road making sales calls, you are likely entitled to overtime.
The Company Does Not Make the Rules for Overtime Eligibility - State and Federal Lawmakers Do
I hope it does not offend or surprise you to hear that corporate America is not always honest with its employees.
|"I swear, you are not entitled to overtime."|
In Pennsylvania, persons employed as outside sales persons are exempt from (i.e. not entitled to) overtime.
Hence, many Pennsylvania workers are often designated as "outside sales persons" by their employer, and are told that they are exempt from the benefits of the overtime laws such as the Fair Labor Standards Act (federal law) and Pennsylvania's Minimum Wage Act.
If Your Principal Duties Consist of Checking Product Placement, Product Display or Distributing Product Samples, You Are Likely Not Employed as an Outside Sales Person Under Pennsylvania Overtime Laws
However, many such persons spend most of their time checking product placement and displays, or handing out sample products, and actually spend very little of their time calling upon prospective new accounts or trying to "upsell" existing customers.
If those are your principal duties, you are not actually not an outside sales person under Pennsylvania's Minimum Wage Act, which makes clear that only persons who spend 80% or more of their time on the road soliciting prospective new accounts or selling new products to existing customers are actually engaged in "outside sales."
|THIS is an Outside Sales Person|
|Handing Out Drug Samples is |
NOT Making a Sales Call
No, it does not.
That contract is not worth the paper it is written on.
|Agreeing That You Are Not Eligible for Overtime Does NOT |
Eliminate Your Right to Overtime
|Representing Pennsylvania Employees |
With Overtime Claims Since 1991
John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.
John typically represents employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.
Pennsylvania Employment Attorney Provides Free Telephone Consultations for Overtime Claims
If you are looking for an employment lawyer, and live in Malvern, Wayne, King of Prussia, Downingtown, Glenside, Doylestown, Radnor, Newtown Square, Exton, Philadelphia, West Chester, Skippack, Langhorne, Haverford, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send me an e-mail or give me a call. I am always glad to spend some time with people via a free telephone consultation.
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