The sales industry in California is one of the most important to the overall economy. Our state’s population and economic prosperity make the sales industry a beacon for those looking to make deals and provide products and services to an ever-growing number of people. Also, California’s status as a leader in the technology industry lends itself to opportunities to be at the forefront of new products and e-commerce.
Diversity is also a strength of the sales industry in California, comprising many different occupations. According to the National Bureau of Labor Statistics (BLS), California has the highest employment level in sales and related occupations compared to all other states in the country, employing over 1.4 million people.
As with any occupation, though, sales industry workers have certain legal protections in place. When their employers violate these laws and protections, there are procedures in place to hold them accountable.
Knowledge and Experience From California Employment Lawyers
No matter what job you have in the sales industry, it’s important to understand that you have options when your employer breaks the law. Our team of experienced and knowledgeable California employment lawyers at Maison Law can explain your legal options and how to best approach a claim for the available benefits and support under the law.
If you feel that your employment rights have been violated in the workplace, contact us today to schedule a free consultation.
The Sales Industry in California
The sales industry in California is a vital component of the state’s economy, with a wide range of businesses and occupations that contribute to the state’s overall growth and prosperity. There are a variety of factors that play a role in this, from California’s large consumer base to the state’s status as a leader in technology and innovation.
California is the most populous state in the U.S. with over 39 million people. This large population provides a significant consumer market for businesses, making California an attractive location for companies to sell their products or services.
Not only does California have a large consumer base within the state, but also has the highest e-commerce sales in the country.
The industry is also constantly evolving, with new trends and technologies emerging that are changing the way businesses sell their products or services. Some emerging trends in the California sales industry include:
- Increased use of social media and mobile technology to reach customers
- Rise of e-commerce and online marketplaces
- Use of data analytics and artificial intelligence to optimize sales strategies
With projected growth and continuing innovation, the sales industry is expected to continue to expand. Thus, it’s a popular industry for workers and provides a wide variety of different occupations. Jobs in the sales industry usually include:
- Retail Sales Associate
- Sales Representative
- Account Executive
- Business Development Manager
- Sales Manager
- Sales Director
- Key Account Manager
- Inside Sales Representative
- Sales Operations Manager
- Territory Sales Manager
- Sales Engineer
- Sales Trainer
- Sales Analyst
- Customer Success Manager
- Regional Sales Manager
- Channel Sales Manager
- Sales Coordinator
- Sales Development Representative
- Technical Sales Specialist
- Digital Sales Specialist
While the sales industry is certainly popular in California, workers still enjoy the same legal protections that any other California worker does.
How Can My Employer Break the Law in California?
Employees in the sales industry in California are treated the same as any other employee under California law. Thus, there are several legal protections in place for these employees. When employers fail to abide by these laws in any of the following ways, employees have the right to pursue legal action:
- Failure to pay minimum wage – In California, the minimum wage for non-exempt employees is currently $15.50 per hour. An employer who fails to pay their employees at least the minimum wage could be in violation of California labor laws.
- Failure to pay overtime – California law requires employers to pay overtime to non-exempt employees who work more than eight hours in a day or 40 hours in a week. Employers who fail to pay overtime or misclassify employees as exempt to avoid paying overtime could be breaking the law.
- Discrimination – California’s Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees on the basis of race, gender, age, religion, disability, and other protected characteristics. Discriminatory practices can include hiring, firing, promotions, pay, and other terms and conditions of employment.
- Harassment – The FEHA also prohibits workplace harassment, including sexual harassment, and requires employers to take steps to prevent and address harassment in the workplace.
- Retaliation – Employers in California are prohibited from retaliating against employees who assert their rights under state and federal labor laws. The FEHA has anti-retaliation provisions, as does the Whistleblower Protection Act (WPA). Retaliation can include termination, demotion, pay reduction, or other adverse actions.
- Misclassification of employees – California law requires employers to properly classify their employees as either exempt or non-exempt for overtime and minimum wage purposes. Misclassifying employees can lead to violations of labor laws and result in penalties for the employer.
These are just a few examples of how your employer in California could potentially break the law. If you believe that your employer is violating your rights in the workplace, there are a number of different actions you can take. An important step is consulting with our team of experienced employment lawyers to figure out your next move.
How Can Our California Employment Lawyers Help You?
At Maison Law, our top priority is your satisfaction. While we take a great deal of pride in our legal services, we take even more pride in our ability to be there for you in a difficult time. Having your rights violated by your employer can not only hurt you financially, but mentally and emotionally. Still, as a California employee, you have a number of ways in which our team can help you. These include:
- Explaining your legal rights and options – One of the most beneficial services our team provides is explaining your legal rights and options to you. Our lawyers can provide legal advice to help you understand your rights as an employee and the laws that protect you. They can also advise you on the best course of action to take in a particular situation, such as filing a complaint with one of California’s administrative agencies or pursuing a lawsuit.
- Helping you file administrative complaints – In most cases, filing a claim with one of California’s various administrative agencies responsible for enforcing employment laws is part of the process. There are several government agencies that handle employment-related complaints in California, depending on the nature of the complaint. For example, the Department of Fair Employment and Housing (DFEH) handles discrimination complaints, while the Labor Commissioner’s Office handles wage and hour complaints. Our team can help you follow the proper procedure for these complaints, and make sure that your claim is as strong as possible.
- Litigation – Probably the most consequential part of our services to clients is actually representing them in a lawsuit. We believe our client-specific approach to every case sets us apart, and that includes taking care of any litigation-related responsibilities for your claim. We can ensure that your complaint is filed within the statute of limitations, or legal deadline, and also make sure that we have all of the initial evidence needed to pursue your claim. Once your lawsuit is filed, we handle all court deadlines, including drafting motions, retaining expert witnesses, and deposing key personnel of your employer.
Being treated fairly in the workplace is the bare minimum for any employee in California. Still, even with legal protections and potential lawsuits in play, many California employers in the sales industry still choose to violate the rights of their employees. When that happens, our team can help you hold your employer accountable.
Filing a Lawsuit Against Your Employer in California
While there is no requirement to file a lawsuit in California, when your employment rights have been violated in the workplace, filing a lawsuit is probably the most powerful option for holding your employer accountable for their actions. Depending on the claim that you pursue, the following damages are available in a California employment lawsuit:
- Lost wages, including unpaid wages
- Back pay
- Liquidated damages
- Punitive damages
- Pain and suffering
- Emotional distress
- Loss of dignity or enjoyment of life
Filing a lawsuit against your employer is a serious decision that should not be taken lightly. Every lawsuit is a gamble, with no guarantee of a positive outcome. Not only that, but standing up to your employer–and their vast resources–takes courage and fortitude. Ultimately, filing a lawsuit sends a message that employment rights violations will not be tolerated. This may help prevent future violations and protect the rights of other employees.
Frequently Asked Questions
Yes, commission-based sales employees in California are entitled to overtime pay if they work more than 8 hours in a day or 40 hours in a week. Overtime pay must be calculated based on the employee’s hourly rate, which is determined by dividing their total earnings for the week by the total number of hours worked.
In California, employers must use the ABC test to determine whether a worker is an employee or an independent contractor. This test requires that the worker be free from the control and direction of the hiring entity, perform work that is outside the usual course of the hiring entity’s business, and be engaged in an independently established trade, occupation, or business. If the worker does not meet all three criteria, they must be classified as an employee.
Work With Experienced California Employment Lawyers
When your workplace rights have been violated by your employer, you need skill and experience to help you through what can be a complicated process. At Maison Law, our team of experienced California employment lawyers can help any employee in the sales industry understand what their options are.
We take a client-specific approach to each case, and can give you the attention and support you deserve. To get started, contact us today for a free consultation.