Does anyone have a creative and legal idea how to defeat the rules around that force inside sales people to be non exempt?
I can't believe that i have to treat senior inside sales guys that spend most of their time calling on enterprises, rarely going out, but don't hit their target and so commissions would be less than 50% of their compensation, and thus not meet the exemption below cited and thus are non exempt.
I do see that it protects the younger junior inside sales guys (so that we don't allow boiler rooms where they slave away but don't get much in either salary or commission), but for a highly paid guy, that doesn't hit commissions, and is very independent, why would we ever want to pay him overtime?
"Under California law, the "commissioned sales exemption" better known as the “California overtime exemption inside sales” does not apply unless (i) the employee is an "outside" salesperson, who spends more than half of their time engaging in sales activities outside the employer's place of business; or (ii) the salesperson makes more than 1 ½ times the minimum wage, and more than half of that employee's compensation represents commissions. More importantly, the "commissioned inside sales exemption" only applies to workers who are employed in the mercantile industry (covered by Wage Order 7) or in professional, technical, clerical, mechanical and similar occupations (covered by Wage Order 4). "
