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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 CFR part 541, as applied to outside sales employees.
- Salary Basis
Fact Sheet #17G: Salary Basis Requirement and the Part 541...
- Fact Sheet
See other fact sheets in this series for more information on...
- Administrative
Fact Sheet #17C: Exemption for Administrative Employees...
- Executive
However, Section 13(a)(1) of the FLSA provides an exemption...
- Professional
Fact Sheet #17D: Exemption for Professional Employees Under...
- Notice of Proposed Rulemaking
NOTICE: On April 23, 2024, the U.S. Department of Labor...
- Salary Basis
In determining the primary duty of an outside sales employee, work performed incidental to and in conjunction with the employee’s own outside sales or solicitations, including incidental deliveries and collections, shall be regarded as exempt outside sales work.
An outside sales employee must be customarily and regularly engaged “away from the employer's place or places of business.” The outside sales employee is an employee who makes sales at the customer's place of business or, if selling door-to-door, at the customer's home.
In determining the primary duty of an outside sales employee, work performed incidental to and in conjunction with the employee's own outside sales or solicitations, including incidental deliveries and collections, shall be regarded as exempt outside sales work.
Outside sales employees who are exempt makes sales in person at the customer’s place of business or at the customer’s home, if selling door-to-door; they do not make sales by mail, telephone, or the internet unless it is related to in-person calls.
6 lip 2020 · The Department of Labor’s (DOL’s) Wage and Hour Division recently issued three new opinion letters addressing the Fair Labor Standards Act’s (FLSA’s) sales exemptions. Two letters address the outside sales exemption, and the third addresses the retail or service establishment exemption.
13 lis 2020 · Under the Fair Labor Standards Act (FLSA), qualifying US employees should be paid no less than the federal minimum wage, as well as overtime pay of no less than time and a half for all hours worked over the 40-hour threshold. However, there are some significant carve-outs.