[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: 29CFR541.502]

[Page 192]
 
                             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. 541.502  Away from employer's place of business.

    An outside sales employee must be customarily and regularly engaged 
``away from the employer's place or places of business.'' The outside 
sales employee is an employee who 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. 
Thus, 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. However, an 
outside sales employee does not lose the exemption by displaying samples 
in hotel sample rooms during trips from city to city; these sample rooms 
should not be considered as the employer's places of business. 
Similarly, an outside sales employee does not lose the exemption by 
displaying the employer's products at a trade show. If selling actually 
occurs, rather than just sales promotion, trade shows of short duration 
(i.e., one or two weeks) should not be considered as the employer's 
place of business.