FLSA Overtime Security Advisor

Outside Sales Employees

Because you indicated that the employee is not customarily and regularly engaged away from his or her employer's place(s) of business for the purpose of making sales or obtaining orders or contracts for services or use of facilities, the employee does not appear to meet the duties tests to qualify for exemption as an outside sales employee. If the employee performs inside sales work in a retail or service establishment he or she may be exempt from the overtime pay protections under FLSA section 7(i). An employee who does not meet all of the tests for exemption is entitled to the minimum wage and overtime pay protections of the Fair Labor Standards Act (FLSA). Review the Fact Sheet on FLSA Section 7(i).

If you have further questions about your situation, you may want to review Fact Sheet 17F: Exemption for Outside Sales Employees Under the FLSA or contact your local Wage and Hour Division office. You may want to return to the Main Menu to see if the employee meets the requirements for exemption under another category.

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