NJ Overtime Law – Outside Sales Exemption

By Thomas McKinney

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

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.