An employee is not subject to California’s outside salesperson exemption where the employer controls the employee’s hours and working conditions, even if they work at a fixed site not owned or leased by the employer, a California appeals court recently ruled. Therefore, a product demonstrator at a warehouse store, who sued the product demonstration company for wage and hour violations, could proceed with her class-action lawsuit, the court said.
Outside salespersons in California are exempt from statutory overtime, minimum wage, reporting time and meal-and-rest break requirements. California regulations define “outside salesperson” as a salesperson who regularly works more than half the working time away from the employer’s place of business.
