Exempt or non exempt?

[eerelations]

What is the name of your state (only U.S. law)? Washington

Is a salaried, non-commissioned sales rep exempt or non-exempt?

Thanks in advance.

 

[Dougthegreat]

If he/she is salaried and receives no additional overtime/commission, that sure sounds like exempt to me.

EDIT:
... but then again, the employer might still classify them as non. For instance, I believe certain salaried federal government employees receive overtime. But it really does sound like exempt at first glance.

 

[eerelations]

As you know, pay method (i.e., salaried vs hourly) has nothing to do with whether an employee is exempt or non-exempt. While this employee is certainly salaried, I still don't know if she's exempt or non-exempt.

She does not receive commissions. She is entitled to an annual bonus opportunity, as are all of our employees, however, the amount of the bonus is dependent upon company performance, not how many sales she personally makes.

She currently doesn't get overtime pay. However, I don't know if that's because she's exempt, or if it's because we're not complying with OT laws.

Hope this information helps people determine if she's exempt or non-exempt. Thanks again!

 

[cbg]

Inside sales or outside sales?

 

[eerelations]

Outside sales.

 

[cbg]

In that case I'd better leave you for Patty. I know outside sales CAN be exempt - I'm just uncertain of the criteria.

 

[pattytx]

http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17f_outsidesales.pdf

 

[Dougthegreat]

I checked - we have salespeople that are exempt. They're "sales engineers", or salespeople whose pay is in no way tied to any sales. They advise customers on IT implementations based on an audit of the customers' architecture.

 

[pattytx]

I checked - we have salespeople that are exempt. They're "sales engineers", or salespeople whose pay is in no way tied to any sales. They advise customers on IT implementations based on an audit of the customers' architecture.

These people are sales "support", not "salespersons". Not saying they couldn't be legitimately exempt, probably under the administrative exemption. Are you paying them a salary?