05/18/2026
This looks like inside sales parading around as outside sales. A classic misclassification issue.
According to the FLSA, inside sales employees who work from a fixed location (an office, a call center, even a home desk) and make sales remotely are generally NOT exempt from overtime pay.
Outside sales exemptions require that the employee’s primary duty is making sales AND that they are customarily and regularly away from their employer’s place of business while doing it. (DOL Fact Sheet # 17H)
And here’s something most workers don’t know: if you are an inside sales employee, your employer cannot pay you commission only. You are entitled to at least the federal minimum wage for every hour worked, regardless of how much you sold. Commission-only pay for non-exempt inside sales workers is wage theft.
If your employer calls you an “outside sales rep” but you spend most of your day on the phone or at your desk, you may be owed:
- Overtime pay for every hour worked over 40 in a workweek
- Back wages going back up to three years
- Liquidated damages equal to what you’re owed
This kind of misclassification is one of the most common wage theft tactics in Miami-Dade, and most workers never know they have a claim.
If this sounds familiar, reach out to Bold Wage Theft Advocacy. Our services are always free.
