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What are the legalities of being an outside sales person?

tracy hill's Profile

I was hired as an outside loan officer or outside sales person. My boss is now saying that unless I start coming and going on the timeline she sets, then she is going to stop my DRAW pay. Can she do that?

Answers

Topic Expert
Wayne Spivak
Title: President & CFO
Company: SBAConsulting.com
LinkedIn Profile
(President & CFO, SBAConsulting.com) |

You should a) check with a labor attorney, b) check with your state's DOL and c) start looking for a new job (maybe this should be "a").

Anonymous
(Associate) |

I would second Wayne's advice, except for looking for something yet. Your state's DOL may offer some great advice. I don't know about other states, but in CA loan officers may be entitled to OT. I found this online:
Loan Officers. On March 24, 2010, the Department Of Labor (DOL) issued Administrator's Interpretation No. 2010-1, under which it concluded that all financial service workers (loan officers, originators, consultants, etc..) may be entitled to overtime pay and are NOT exempt from overtime pay under the "sales" exemption. According to the DOL, if an employee collects and enters financial information, assesses or identifies particular loan products, and compiles customer documents for forwarding to either an underwriter or loan processor, they the employee is engaged in production work, not sales. Consequently, mortgage loan officers are NOT exempt from overtime and are entitled to overtime pay.
I also see that in other states, if your "outside" sales activity is comprised of phone or internet prospecting, you may be classified as inside sales instead.

Len Green
Title: Performance Improvement Consultant and E..
Company: Haygarth Consulting LLC
LinkedIn Profile
(Performance Improvement Consultant and ERP Strategist, Haygarth Consulting LLC) |

You should also keep all emails and text messages, make notes of any conversations.

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