Legal Question in Employment Law in California

Exempt General Manger

I work for a sales company my title is ''General Manger''. How many full time and or part time employee's must I manage to be considered ''exempt''?

I have 1 outside sales person and 1 part time employee. The store hours are 7am-5pm M-F so I work a minimum of 50 hours a week. I am required to be out selling 80% of the time and so is my outside sells person but my company only allows my part timer to work 18 hours a week. We are not allowed to lock the doors and go out and sell. Would this effect my exempt status and or my outside sales persons?


Asked on 3/22/09, 2:26 pm

1 Answer from Attorneys

JEB Pickett Wynne Law Firm

Re: Exempt General Manger

Titles such as "General Manager" are irrelevant. To be properly classified as exempt under the Executive exemption (which looks at how many people you directly supervise as part of the test) you would have to be supervising 2 or more full time employees at all times.

To be exempt under the "Outside Salesperson" exemption, you must spend at least 50% of your time physically away from any office, branch office or employer location, actually engaged in sales or sales-related work.

From what you have described so far, you likely are not properly classified as exempt, but no one can tell you for certain until they review all of your job duties with you.

Disclaimer: This response and any materials or content provided by this response or through this web site or the www.wynnelawfirm.com website are for general informational purposes only and should not be relied on or considered as legal advice. If you seek legal advice or representation by Wynne Law Firm, you must first enter into a formal agreement. Under no circumstances does this informational response, directly or indirectly, including, without limitation, any correspondence by any means to or from Wynne Law Firm, establish or intend to establish an Attorney-Client relationship between you and Wynne Law Firm.

Read more
Answered on 3/23/09, 4:11 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California