[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR541.500]

[Page 191]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 541_DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, 
 
                    Subpart F_Outside Sales Employees
 
Sec. 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 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.