Chapter § 2-26 29 CFR § 541.500. General Rule for Outside Sales Employees

2-26 29 CFR § 541.500. General Rule for Outside Sales Employees

(a) The term "employee employed in the capacity of outside salesman" in Section 13(a)(1) of the Act shall mean any employee:

(1) Whose primary duty is:

(i) making sales within the meaning of Section 3(k) of the Act, or,
(ii) obtaining orders or contracts for services or for the use of facilities for the client or customer; and,

(2) Who is customarily and regularly engaged away from the employer's place or places of business in performing such primary duty.

(b) The term "primary duty" is defined at § 541.700. 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. Other work that furthers the employee's sales efforts also shall be regarded as exempt work including, for example, writing sales reports, updating or revising the employee's sales or display catalogue, planning itineraries and attending sales conferences.

(c) The requirements of Subpart G (salary requirements) of this part do not apply to the outside sales employees described in this section.

2-26:1 Commentary

• Beck v. Access eForms, LP, No. 4:16-CV-00985, 2019 WL 3717633 (E.D. Tex. 2019) (court enters judgment for plaintiff and