Home Page Forums Membership Inquiries WMCO Membership Inquiry – Overtime for Sales Staff

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    A WMCO member is requesting insight into handling overtime for sales staff. For example, they have salespeople (designers) that occasionally need to meet clients outside of regular working hours (8:30 to 5:00).

    How are companies dealing with ‘extra time,’ and what mechanisms are in place to log the daily work hours of the salespeople?

    Please respond with all that apply:

    1. Flex the time
    2. Allow banking of hours
    3. Pay overtime
    4. Other – (Please specify)

    This is not my department and I may not be fully aware of our practices but we don’t have a typical sales person that goes on the road and pushed our services. If our sales/estimating team members work off hours or extra hours there really is no overtime pay or banking of hours, we do more of a flex time. Most of our office staff are salaried employees and there are times we take off without pay deductions but there are also time we have to put in extra time. It balances out.


    Respond with all that apply: See answers in Bold

    A. Flex the time Yes, our staff set their own hours
    B. Allow banking of hours Yes, our staff set their own hours
    C. Pay overtime Our staff is on salary/commission so the more they sell the more they make.


    C. Pay overtime


    I could provide a check off on the specific situation in this survey but the situation it not black and white. HR matters like these if not handled properly can cause misunderstanding and potential legal issues if a dismissal or dispute occurs. When it comes to this question, I highly recommend the company that is asking the question, speak to a professional labour lawyer for advice. Many companies do not handle this area very well with salaried staff.

    To avoid any misunderstandings during or after employment ends between the company and the Sales/Design Staff, an employment agreement is recommended. This would be signed voluntarily and agreed to by both the company and employee (the wording of the agreement should suggest the employee seek legal advice before signing or waive it). The agreement still needs to meet or exceed the Ontario Employment Standards Act.

    The company is not obligated to pay professionals such as Sales Management or Designers overtime. If the written formal agreement is stated with the following key points:
    Sales/Designer Employee hours of employment are paid a salary based upon normal hours of work that are 8:30am to 5:00pm or 40 hours per week.
    Overtime is not paid, unless approved by management.
    The employee may need to change works hours to accommodate meeting with clients or meeting project deadlines.

    At most companies, they do not pay overtime to salaried staff but may allow some flex time, with approval from the Supervisor.


    We do b only.


    I’d like to share

    Respond with all that apply:
    A. Flex the time< B. Allow banking of hours C. Pay overtime D. Other – (Please specify) Answer ABC


    Flex the time


    A. Flex the time – awesome for the staff regardless of everything else.
    B. Allow banking of hours – works as long as it is enforced during slow times, if you don’t have slow times, be prepared to pay it out.
    C. Pay overtime – be prepared to payout.
    D. Other – (Please specify) this is my fav – switch to salary + commission – work the hours to make the commission. As many as it takes if they want the sale and the money. Generally will work the same hours as now with no responsibility on you to pay overtime. Top earners are your most efficient works.


    Our sales person is on salary. She does have after hours meetings but has the flexibility to take off during regular hours if she needs.
    I think this is how I would handle any additional employee in sales. Or give them a one morning a week off to balance the hours.

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