Minor clarification - People under the outside sales exemption are exempt from OT and MW rules.
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Minor clarification - People under the outside sales exemption are exempt from OT and MW rules.
while I agree an attorney is likely necessary here, generally an employer cannot retroactively reduce the pay of an employee. Draw against commission means they will be paid their draw as a minimum but any earned commissions will reduce the amount of draw available in equal amounts. If there are no commissions, the employee retains the draw. Attempting to reclaim the draw would be a retroactive reduction in pay and as such, disallowed.
Being an outside sales person, you are "in the sales exemption" automatically. This is the law. I apologize for erroneously advising you that you may be entitled to OT pay; you are not.
How do i know if I am outside sales person? I go to that office.
Then explain what you would do on typical day
An outside sales person may also visit his employer's office to attend meetings and training etc., and still be considered an outside sales person.