New Jersey Overtime Law and Federal Overtime Law contain an exemption for outside sales people that disqualifies them from overtime pay in they qualify. An employee is considered an outside sales person if: (1) her primary duty is to make sales, obtain orders or obtain contracts for services; and (2) she spends the majority of time away from the company’s offices. If you meet both of these requirements, then you are not entitled to overtime pay. However, if you are an inside sales person and perform the majority of your work within the office, then you are entitled to overtime pay, even if you are paid a salary plus commissions. Please contact our New Jersey Employment Lawyers so that they can provide you with an analysis of your potential unpaid overtime pay owed pursuant to New Jersey Overtime Law.
November 8, 2011 – Castronovo & McKinney, LLC – Tom McKinney