Outside Sales Exemption

To qualify for the outside sales employee exemption, all of the following tests must be met:

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
The employee must be customarily and regularly engaged away from the employer’s place or places of business.

Making Sales

“Sales” includes any sale, exchange, contract to sell, consignment for sales, shipment for sale, or other disposition. It includes the transfer of title to tangible property, and in certain cases, of tangible and valuable evidences of intangible property.

Obtaining Orders or Contracts for Services or for the Use of Facilities

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. 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.

Customarily and Regularly

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.

Away from Employer’s Place of Business

An outside sales employee makes sales at the customer’s place of business, or, if selling door-to-door, at the customer’s home. Outside sales does not include sales made by mail, telephone or the Internet unless such contact is used merely as an adjunct to personal calls. Any fixed site, whether home or office, used by a salesperson as a headquarters or for telephonic solicitation of sales is considered one of the employer’s places of business, even though the employer is not in any formal sense the owner or tenant of the property.

Drivers who deliver products and also sell such products may qualify as exempt outside sales employees only if the employee has a primary duty of making sales.

Promotion work may or may not be exempt outside sales work, depending upon the circumstances under which it is performed. Promotional work that is actually performed incidental to and in conjunction with an employee’s own outside sales or solicitations is exempt work. However, promotion work that is incidental to sales made, or to be made, by someone else is not exempt outside sales work.

Airport Trailer Sales - Dealers in horse trailers, cattle trailers, equipment trailers, utility trailers, and parts and services. Located in Montgomery, Alabama.
All Trailer Sales-Yarnalls Equipment - Horse,Stock & Stock Combo's, Motorsport, Landscaping, Contracting, Motorcyle & more! Full service onsite shop. Truck Accessories, Hitches & more! Eastern Pa's only authorized Exiss dealer
Altmeyer Trailer Sales - Specializing in quality horse and stock trailers with the customer in mind. Located in Kittanning, Pennsylvania.

Ascendix - Provides customer relationship management and sales force automation solutions together with the associated integration and training services to large and mid-sized companies; Dallas, Texas based.
Channel Wave - Web-based partner relation management solutions for sales organizations.
ClearView IT - UK provider for customer management and sales force automation systems.

Accurate Ingredients, Inc. - Industrial food brokers. Information on lines represented.
Accurate Ingredients West, Inc. - Ingredient brokers for the food, flavor, fragrance and beverage industries throughout the Western part of the United States.
Action Brokerage Consultants - Florida food brokerage representing a variety of products ranging from pastas to pies to portion pack sugar.
Annie Hall Inc - Gourmet food brokerage serving all of Florida with specialties for both the retail and food service trade.