Outside Salesperson Overtime Pay Wage & Hour Laws
Outside Salesperson Overtime Lawsuits: Wage & Hour Laws

Outside Salesperson Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about outside salesmen:

What Is an Outside Salesperson?

Outside salesmen typically meet with current and potential clients face-to-face to pitch, showcase, and sell their company’s product. Outside salespeople generally work outside of the office, travelling from client to client for meetings and sales pitches.

What is the Salary Range for an Outside 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 Outside 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 outside 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 Outside 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

Outside Salesperson Overtime Pay Lawsuit News

Related Outside Salesperson Overtime Pay Lawsuit News

Read All Outside Salesperson News on Overtime Pay Cases and Settlements

What are the Laws for Outside Salesperson Overtime Pay?

Under the Fair Labor Standard Overtime Laws (FLSA), unfortunately, most outside salespeople are not protected by the FLSA.

The FLSA contains a specific exemption for outside salespeople whose primary duty is making sales, taking orders, or contracting with customers for services or facility use.  To be properly classified as an outside salesperson, you must regularly work away from your employer’s place of business, usually at the customer’s place of business or home.

It is important to note that your job title alone does not determine whether you are covered by the FLSA.  Even if your job title is Outside Salesperson, you may be protected under the FLSA if you are regularly selling from home or have other job duties in addition to sales, such as delivering the employer’s products as a driver.  A court will consider a variety of factors to determine whether you are truly an Outside Salesperson for the purpose of earning overtime: your primary job duties; whether you actually work away from the employer’s place of business and, if so, how often; your other job duties; 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.  The FLSA has many rules and exceptions, and state laws can complicate the picture even more.

Is an Outside Salesperson Entitled to Overtime Pay?

Outside salespeople whose primary duty is making sales, taking orders, or contracting with customers for services or facility use, are usually exempt from overtime pay laws set forth by the Fair Labor Standards Act (FLSA).

However, the specifics of an outside salesperson’s job duties could entitle them to overtime pay. A court will consider a variety of factors to determine whether you are truly an outside salesperson for the purpose of earning overtime, such as your primary job duties; whether you actually work away from the employer’s place of business and, if so, how often; your other job duties; and the nature of the employer’s primary business.

If you are covered under the FLSA, employers are required 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.  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.

An experienced overtime pay attorney will be able to interpret your specific case within the guidelines of the FLSA to determine if you are entitled to overtime wages.

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

An employer is not always required to pay overtime to an outside salesperson. However, there are certain exemptions when it comes to paying outside salespersons overtime pay benefits. In order for an employer to be required to pay overtime an outside salesperson must regularly sell from home or have other job duties in addition to sales. Exemptions include, but are not limited to, the primary duty of making sales, taking orders, or contracting with customers for services or facility use.

A court will evaluate the outside salesperson job duties and determine whether you are covered by the FLSA and entitled to these wages. However, by talking to one of our experienced overtime pay attorneys we can tell you whether you may be entitled to file lawsuit, thereby eliminating a lot of work if you were to represent yourself.

To determine whether you are eligible for filing a wage claim, contact our experienced Outside 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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