rectifying mistake re exempt employee

cxc

I have a client who has been treating certain commissioned sales peole as exempt. What do you do to rectify the situation. I would appreciate hearing from someone with experience with employees paid by commission. Thanks CXC

Hatchetman

While I don't work with commissioned sales people, may I suggest that you take a look at DOL regulations at 29CFR541.5. It identifies that it is possible for a commissioned salesperson to be exempt from the overtime provisons of FLSA. Also, check your client's state's laws regarding exempt status.