CFR |
Code of Federal Regulations Pertaining to ESA |
|
|
Chapter
V |
Wage and Hour Division, Department of Labor |
|
|
|
Part
541 |
Defining and Delimiting the Exemptions for Executive,
Administrative, Professional, Computer and Outside Sales Employees |
- Section Number: 541.500
- Section Name: 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
which a consideration will be paid by 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 Sec. 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.
|
|
|
|
|