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Away from Employer’s Place of BusinessĪn outside sales employee makes sales at the customer’s place of business, or, if selling door-to-door, at the customer’s home. The phrase “customarily and regularly” means greater than occasional but less than constant it includes work normally done every workweek, but does not include isolated or one-time tasks. The word “services” extends the exemption to employees who sell or take orders for a service, which may be performed for the customer by someone other than the person taking the order. Obtaining orders for “the use of facilities” includes the selling of time on radio or television, the solicitation of advertising for newspapers and other periodicals, and the solicitation of freight for railroads and other transportation agencies.
Obtaining Orders or Contracts for Services or for the Use of Facilities It includes the transfer of title to tangible property, and in certain cases, of tangible and valuable evidences of intangible property. “Sales” includes any sale, exchange, contract to sell, consignment for sales, shipment for sale, or other disposition. Determination of an employee’s primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee’s job as a whole. “Primary duty” means the principal, main, major or most important duty that the employee performs. An employee who does not satisfy the requirements of the outside sales exemption may still qualify as an exempt employee under one of the other exemptions allowed by Section 13(a)(1) of the FLSA and the Part 541 regulations if all the criteria for the exemption is met. The salary requirements of the regulation do not apply to the outside sales exemption. The employee must be customarily and regularly engaged away from the employer’s place or places of business.The employee’s primary duty must be making sales (as defined in the FLSA), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer and.To qualify for the outside sales employee exemption, all of the following tests must be met:
#INSIDE THE OFFICE OF THE DEPARTMENT OF THE EXTERIOR SERIES#
See other fact sheets in this series for more information on the exemptions for executive, administrative, professional, and computer employees, and for more information on the salary basis requirement. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations. Job titles do not determine exempt status. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 * per week. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.
#INSIDE THE OFFICE OF THE DEPARTMENT OF THE EXTERIOR PROFESSIONAL#
However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. Part 541, as applied to outside sales employees. This fact sheet provides information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 C.F.R. WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. part 541 with an effective date of January 1, 2020. *Note: The Department of Labor revised the regulations located at 29 C.F.R. Fact Sheet #17F: Exemption for Outside Sales Employees Under the Fair Labor Standards Act (FLSA)
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