To qualify for the outside sales employee exemption, all of the following tests must be met

-The employee’s primary duty must be making sales or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and

-The employee must be customarily and regularly engaged away from the employer’s place or places of business.

Many sales people are misclassified because they do not meet the requirement that the employee be “away from the employer’s place of business.”

An outside sales employee makes sales at the customer’s place of business, or, if selling door-to-door, at the customer’s home.  Outside sales does not include sales made by mail, telephone or the Internet unless such contact is used merely as an adjunct to personal calls.  Any fixed site, whether home or office, used by a salesperson as a headquarters or for telephonic solicitation of sales is considered one of the employer’s places of business, even though the employer is not in any formal sense the owner or tenant of the property.

The takeaway here is that if you are a sales person and you are not out on the road for a portion of the week meeting with customers or working on sales, you may be entitled to overtime and an hourly pay rate. You should seek out experienced unpaid wages lawyers.

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Five important facts about getting paid

1. You are owed all of your earned wages in a timely fashion. Your employer cannot require you to defer your wages or agree to be paid at a later date if the company is in financial trouble.
2. If you leave your job you are entitled to be paid for all of your earned and accrued vacation time. If you are terminated, you are entitled to receive all of your wages on the final date of your employment.
3. If you are not being paid overtime, you should consult with an attorney to see if you properly classified as an exempt employee under the Massachusetts  Wage Laws and Federal Fair Labor Standards Act.
4. It is very difficult to be properly classified as an independent contractor under Massachusetts law.  If you are being paid as a consultant or a contractor and do not receive a w-2, you should contact an attorney because you have likely been misclassified by your employer and could be entitled to damages.
5. If you are an hourly employee you are most likely entitled to overtime pay at 1.5 times your hourly rate.  In most circumstances, employers cannot offer you “comp time” in lieu of overtime payments.

Located in Boston, Massachusetts, Greene and Hafer represents men and women who feel they have been victimized by wrongful termination. With more than 18 years of combined employment law experience, our attorneys are prepared to ensure your rights are recognized. To schedule an appointment with an experienced wrongful termination lawyer, contact our Boston law office .

The post Wrongfully Terminated – Five important facts about getting paid appeared first on Greene & Hafer Employment Law.