Question: What is the minimum pay required for outside salespersons in California?
Answer: If an Outside Salesperson is properly classified as “exempt,” by meeting the job duties test for an Outside Salesperson, there is no minimum salary requirement. An Outside Salesperson can be paid a fixed salary, salary plus commission, commission only or even hourly and there is no minimum salary requirement. Outside Salespeople are exempt from overtime, minimum wage, and meal periods and rest breaks. However, in order to meet the exemption, the individual must be at least 18 years of age and regularly spend more than 50% of their time away from the office and engaged in the selling of products, services or facilities. Keep in mind, time spent at the employee’s home office would not be considered as time away from the office when determining where the employee spends their time. Additionally, the time an Outside Salesperson spends making deliveries, assisting with repairs or maintenance also does not count towards meeting the requirement of spending more than 50% of time away from the office, as these are not considered exempt job duties.
If you are considering hiring an Outside Salesperson, call your HR Consultant to assist you with determining if the exemption criteria can be met.