Outside Sales Exemption

In addition to meeting the salary requirements discussed above, you must also meet all of the following tests to be considered exempt:

1. The employee’s primary duty must be making sales 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
2. The employee must be customarily and regularly engaged away from the employer’s place or places of business.

29 C.F.R. § 541.500.

What is “making sales?”
What is “obtaining orders or contracts for services?”
What is “ away from the employer’s place or places of business?”

If you think you may be misclassified as exempt, or want to determine whether you are exempt or non-exempt, please contact the Tran Law Firm by filling out our online questionnaire or by calling 713-223-8855.