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?
1 Answer from Attorneys
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.
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