NJDOL Proposes Rule to Restore the “Inside Sales” Exemption

As we reported in the November 2011 issue of the New Jersey eAuthority, when the NJDOL recently adopted new overtime exemption regulations patterned on the federal regulations, it inadvertently omitted the exemption for commissioned sales employees, commonly referred to as the “inside sales” exemption. The NJDOL has taken the first step towards readopting the exemption. In the November 21, 2011 issue of the New Jersey Register, the NJDOL proposed an amendment to N.J.A.C. 12:56-7.2 to restore the inside sales exemption. This exemption would apply to employees whose primary duty consists of sales activity and who receive at least 50% of compensation from commissions and total compensation of not less than $400 per week.