Legal Question in Employment Law in California
Can the employer control where an salaried outside sales rep conducts work related tasks? Makes calls, performs routine computer work? No current policy.
3 Answers from Attorneys
The employer can control the location for such tasks to be performed. The employer runs the risk, however, that if the employee spends more than 50% of his/her time at either the employer's place of business, branches, locations or at the employee's home, the employee would lose the outside sales exemption and the employee may be entitled to overtime pay and/or increased regular rate pay or other pay provisions.
Calling your position as "outside sales rep" and paying you a salary instead of an hourly wage, does not necessarily make you a salaried employee under the law. Some employers misclassify employees as salaried instead of hourly wage so that the employer can avoid paying overtime and avoid other labor law requirements. Depending on various factors, you may actually be an hourly wage employee under the law, and your employer may owe you (and other salaraied employees) back pay. I would be happy to discuss this further at no cost to you. Thank you.
Employers set all rules and policies for 'employees', subject to compliance with all the normal wage and hour rules of the Labor Code. They do not do so for 'independent contractors'. Your salaried employee must follow your rules.
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