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At Goya Foods, a sales broker's primary duty is to sell Goya products. Sales brokers are given weekly sales goals and are expected to talk

At Goya Foods, a sales broker's primary duty is to sell Goya products. Sales brokers are given weekly sales goals and are expected to talk regularly with their assigned retail store managers to promote new Goya products, request better product placement, and to reorder inventory. Goya sales brokers do not report to the Goya offices on a regular basis except to attend monthly sales meetings, work with little supervision, set their own schedules, and are paid a commission based on their individual volume of sales. Duties such as restocking store shelves, cleaning inventory, and rotating inventory are performed regularly by Goya sales brokers in conjunction with and in furtherance of their own sales efforts. Jerry Reyes, a Goya sales broker, characterized his primary duty with Goya as "merchandizing," which included restocking store shelves, cleaning the products, and rotating merchandise. To the extent that Reyes spent time selling Goya products, Reyes alleged that he merely placed orders to replenish products already carried by his assigned retail stores. Reyes contended that he was not a salesman because he had no authority to negotiate the prices of Goya's products. Reyes therefore argued that he was not exempt from overtime as an outside salesman. Goya countered that Reyes was merely incompetent, having never met his assigned sales goals in five years on the job

  1. Does Reyes's incompetence remove him from exempt status?

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