by Danielle G. Eanet
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The California Court of Appeal recently held that whether an employee at a fixed site not owned or leased by the employer is subject to the outside salesperson exemption is determined by the extent to which the employer maintains control or supervision over the employee’s hours and working conditions.
Background
Warehouse Demo Services, Inc. (WDS)—the in-house product demonstration company for Costco—hires people to perform demonstrations of products at Costco’s warehouses. The demonstrators are classified as “part-time, nonexempt, hourly employees eligible for overtime pay according to state and federal law.” They’re assigned to a single Costco and don’t move from warehouse to warehouse.
WDS collects floor space rent from its vendors who want demonstrations of their products. It gives payments to Costco every month. It doesn’t lease any space from Costco but maintains office space within each location where it has demonstrations. On average, it assigns 22 to 25 demonstrators, one event manager, and two shift supervisors to each Costco location. Event managers are salaried employees and handle managerial tasks such as scheduling demonstrators, setting sales quotas, and handling paperwork. Shift...
Hyderabad: BRS leader Aedla Sudhakar Reddy strongly criticised the statements of HYDRAA commissioner A.V. Ranganath regarding the status of Bathukammakunta. The official had claimed that the place...