Outside Sales Employees

You indicated that:

• The employee's primary duty is to make sales or obtain orders or contracts for his or her employer's products, services or facilities; and
• The employee customarily and regularly engages in this activity away from his or her employer's place of business or other fixed site.

Therefore, based on these responses, the employee appears to meet the duties tests for exemption as an outside sales employee. The compensation tests for exemption do not apply to any employee who meets the duties tests for exemption from the minimum wage and overtime pay requirements of the FLSA as an outside sales employee. An employee who does not meet all of the tests for exemption is entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA).

If you have further questions about your situation, you may want to review Fact Sheet 17F: Exemption for Outside Sales Employees Under the FLSA or contact your local Wage and Hour Division office.

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