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Exempt vs. Non-Exempt Overtime Pay > Outside Sales Exemption (4 entries)

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  • Federal law and California law provide exemptions for outside salespersons. According to Cal. Code Regs. tit. 8, §§ 11040(1)(C), (2)(M), the California exemption from overtime and other wages only applies to ...
  • Under California law, when a court evaluates the applicability of the outside salesperson exemption, the court must conduct an individualized analysis of the way each employee actually spends his or her ...
  • The first inquiry a Court examines in an individualized fashion is the work actually performed by the employee to determine how much of that work is exempt. For example, what is ...
  • There have been many cases filed by exempt vs. non-exempt attorneys arguing that pharmaceutical sales reps should be entitled to overtime pay for working overtime hours. The argument relies on the ...