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Advanced CLE

2023 Drafting employment agreements for commission-based employees audio replay

Total Credits: 1.2 MCLE, 0.0 Kansas Credit

Practice Area:
Labor / Employment



Every organization depends on generating sales, often sales made by sales agents.  Drafting agreements for salespeople 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.


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