Are there any commissioned employees who are exempt from the minimum wage and/or overtime rules?
A. Yes. Both federal and state laws provide several specific exemptions. Commissioned employees exempt from BOTH the minimum wage and overtime rules include: Outside Salespeople Employees who regularly sell or obtain orders or contracts for goods, services, or facilities away from the employer´s business locations are exempt from minimum wage and overtime, provided that the hours worked in “other than outside sales” in each workweek do not exceed 30 percent of the hours worked by other nonexempt employees. The Federal Law changed in 2004 where employers only have to meet the “primary duty” test. Remember, Oregon employers must follow the stricter State of Oregon outside sales standard where 30% of their work is in-house/non-exempt. Commissioned employees exempt from overtime rules but NOT exempt from the minimum wage rules include: Sales, Partspeople and Mechanics The overtime rule does not apply to employees who sell or service autos, trailers, trucks, or farm implements, provided tha
