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Inside Salesperson Overtime Lawsuits: Wage & Hour Laws

Inside Salesperson Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about inside salesmen:

What Is an Inside Salesperson?

Inside salespeople typically reach out to potential clients about their product or service via phone or email, rather than traveling to meet clients face to face like outside salesmen. Inside salesmen may make cold calls and/or receive incoming calls from clients.

What is the Salary Range for an Inside Salesperson?

Depending on the work setting and state where outside salesmen are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, outside salesmen made between $25,000 and $113,950, with the average annual salary being approximately $63,00.

How Many Inside Salesmen Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for this occupation is as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
953,870 0.7% $30.32 $63,070 0.4%

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.

According to the United States Department of Labor, the percentile wage estimates for an inside salesperson is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $12.02 $16.94 $25.23 $37.19 $54.78

Where Are Most Inside Salesmen Employed?

According to the United States Department of Labor, states with the highest employment level in this occupation are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
California 123,260 7.72 1.14 $31.95 $66,450
Texas 109,910 9.36 1.38 $29.01 $60,330
Florida 73,270 8.91 1.31 $27.09 $56,350
New York 63,390 6.97 1.03 $36.56 $76,040
Illinois 39,110 6.62 0.98 $31.41 $65,330

Inside Salesperson Overtime Pay Lawsuit News

Related Inside Salesperson Overtime Pay Lawsuit News

texas-unpaid-overtime-lawsuitDepartment of Labor Sues City of Lubbock, Texas on Behalf of Workers for Unpaid Overtime Wages

SAN ANTONIO — The United States Department of Labor (DOL) recently filed an unpaid overtime lawsuit in Federal Court in Lubbock, Texas on behalf of workers who may be owed substantial overtime wages and other back pay.


unpaid-wage-lawsuit-apple-sandiegoUnpaid Wage Lawsuit Against Apple Retail Stores Heads to Trial in San Diego

SAN DIEGO — An unpaid wage lawsuit against Apple’s retail stores recently got underway in a San Diego Superior Court, almost five years after workers initially filed their suit accusing the technology giant of systematically denying due wages and providing meal breaks.


Read All Inside Salesperson News on Overtime Pay Cases and Settlements

What are the Laws for Inside Salesperson Overtime Pay?

While the FLSA specifically exempts employers from having to pay overtime to outside salespeople, inside salespeople may or may not be protected by the Fair Labor Standard Overtime Laws (FLSA) and entitled to overtime wages. As an inside salesperson, you may be exempt from the FLSA as an administrative employee.

However, a job title alone does not determine whether or not a worker may be able to receive payment. What is considered when determining if your company is required to pay you overtime wages as an inside salesperson is factors such as amount of compensation; compensation structure (i.e., hourly or salaried); your primary job duties; your other job duties; the location where you make sales; and the nature of the employer’s primary business.

If you are not an exempt inside salesperson, the FLSA requires employers to pay an overtime wage of time-and-a-half for all hours worked over 40 in one workweek.  Some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime.

If you believe you have been wrongfully denied overtime, the best option is to contact an experienced attorney who can advise you on your rights.  The FLSA is a difficult statute to navigate, and state laws can complicate the picture even more.  Only an attorney can tell you whether you may be entitled to file an overtime pay lawsuit.

Is an Inside Salesperson Entitled to Overtime Pay?

Based on factors such as amount of compensation, compensation structure, and job duties, and inside salesperson may or may not be entitled to overtime pay. Some inside salespeople fall under the FLSA’s “administrative” exemption.

An experienced overtime pay attorney can help you determine if you are entitled to overtime wages or not. If you are determined to be non-exempt, an employer must pay you one and one-half times your regular rate of pay for every hour past 40 in one week.

In calculating the number of hours worked, the employer must consider all required work performed in all facilities and departments, both before and after a shift, including staff meetings and required paid training.

Does a Company Have to Pay Overtime Wages to an Inside Salesperson?

As an inside salesperson, you may or may not be protected by the Fair Labor Standards Act (FLSA) and entitled to overtime wages. A job title alone does not determine whether or not a worker may be able to receive payment. What is considered when determining if your company is required to pay you overtime wages as an inside salesperson is factors such as amount of compensation; compensation structure (i.e., hourly or salaried); your primary job duties; your other job duties; the location where you make sales; and the nature of the employer’s primary business.

If you believe you have been wrongfully denied overtime, the best option is to contact an experienced attorney who can advise you on your rights.

To determine whether you are eligible for filing a wage claim, contact our experienced Inside Salesperson Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

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