LIVE REPLAY: Drafting Employment Agreements for Commission-based Employees

course

COURSE INFO

  • Presentation Date 6/25/2020
  • Next Class Time 3:30 PM ET
  • Duration 60 min.
  • Format Audio Webcast
  • Program Code 04092019


Course Price: $75.00
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COURSE DESCRIPTION

Every organization depends on generating sales, often sales made by sales agents.  Drafting agreements for sales people is complex and unlike other employment agreements. The primary task is defining a workable sales commission and incentive structure that is durable while the sales agent works for your client and that limits legal liability and practical damage after the sales agent separates from employment.  There are also complex issues of post-employment payments, internal reporting and support, and preserving the confidentiality of proprietary employer information such as client/customer lists, pricing schedules, vendor information and more after the sales agent has departed – perhaps to a competitor. This program will provide you with a practical guide to drafting sales agents’ agreements for business clients.

  • Commission and incentive structures – and common traps after an agent departs
  • Differences between employee v. independent contractor sales staff
  • Common traps employers make in including unlawful terms
  • Wage and hour issues in commission and incentive compensation agreements
  • Protecting client and price lists, vendor information & other sensitive information when a sales agent leaves
  • Scope of protectable interests and practical steps required to enforce confidentiality 

Speakers:

Zach P. Hutton a partner in the San Francisco office of Paul Hastings, LLP, where his practice encompasses all aspects of employment law, including discrimination and harassment, wrongful termination, family and medical leaves, and wage and hour issues. He has successfully represented employers in class actions, individual plaintiff cases, labor arbitrations, and administrative hearings. He is a member of the executive committee of the Bar Association of San Francisco Labor and Employment Section and a member of the ABA Fair Labor Standards Legislation Committee. Mr. Hutton received his B.A. from the University of Wisconsin-Madison and his J.D. from the University of California, Hastings College of Law.