FLSA Overtime Security Advisor

Outside Sales Employees

Away from the employer's place of business

An outside sales employee must be customarily and regularly engaged in sales activities "away from the employer's place(s) of business." An 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 in connection with sales made by personal contact. 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 the owner or tenant of the property. An outside sales employee who displays samples in hotel sample rooms during trips while traveling is considered to be away from the employer's place(s) of business. Similarly, an outside sales employee who displays the employer's products at a trade show is considered to be away from his employer's place(s) of business. 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.

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