By Amanda Antell  |  October 28, 2016

Category: Labor & Employment

Midsection of businessman giving cheque at desk in officeCalifornia is one of the most progressive states for employees, with state law requiring employers to pay both commissioned workers and piece rate workers at least minimum wage rate for all hours worked.

Now violations of inside sales compensation in California are currently being examined by specialized lawyers who are encouraging potential claimants to come forward.

California employees who work on a commission or piece rate basis are owed minimum wage for all hours worked, including any amount of time spent on tasks that are not covered on commission or piece rate pay.

Essentially, state employers must pay both minimum wage rate and inside sales compensation in California to employees.

This policy may apply to the following California employees:

  • Personal trainers
  • Live in caregivers and personal attendants
  • Cable and telephone installation technicians
  • Mechanics and car repair technicians
  • Manufacturing and factory workers
  • Computer repair technicians
  • Delivery truck drivers
  • Home-based manufacturing or assembly jobs
  • Field insurance auditors
  • Roofers and construction workers
  • Pet groomers
  • Massage therapists
  • Hair stylists and salon workers
  • Truckers
  • In-store commission sales employees

Overview of Inside Sales Compensation in California

However, employees may be exempt from this state policy if they meet state specified guidelines.

California sales persons may be exempt from overtime benefits if they work in their employer’s place of businesses, in which the employees are employed in “professional, technical, clerical, mechanical, and similar occupations.”

Even if California salespersons are exempt from overtime pay, they still must be given meal periods, rest periods and minimum wage hourly rates.

Inside sales compensation in California is for those exempt from overtime pay if the sales person earns over half their income from sales commissions, and if their pay is at least 1.5x the minimum wage rate for all hours worked.

In addition, inside sales compensation in California may also be owed to the employee if the majority of their “downtime” is spent under the control of their employer.

Employees who may be exempt from inside sales compensation in California must be covered by Wage Order 4-2001 or Wage Order 7-2001, earn at least 1.5x the current minimum wage and have commissions make up for more than half of their earnings.

Exemption regarding inside sales compensation in California employees also comes down to how much the employee earns from their occupational duties performed while inside the place of business.

Qualified employees who may be owed inside sales compensation in California should contact specialized lawyer to determine eligibility. California employers who may be guilty of improperly classifying their employees as exempt, may face legal action for missed wages and overtime.

Join a Free California Sales & Piece Rate Worker Class Action Lawsuit Investigation

If you are a California employee who receives commission pay or gets paid on a piece-rate basis, but you have been denied additional minimum wage pay, your employment rights may have been violated.

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