29 C.F.R. § 541.500

General rule for outside sales employees

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(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 § 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.

Notes of Decisions

Cited in 129 cases (37 in the last 5 years), 1969–2026 · leading case: Christopher v. Smithkline Beecham Corp., 132 S. Ct. 2156 (2012).

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Christopher v. Smithkline Beecham Corp., 132 S. Ct. 2156 (2012). · cites it 10× “” 29 CFR §541.500 (a)(1)(ii). That portion of the definition is not at issue in this case.”

Clements v. Serco, Inc., 530 F.3d 1224 (10th Cir. 2008). · cites it 10× “Exercising the delegated authority, the Secretary promulgated 29 C.F.R. § 541.500 , defining "outside salesman" as any employee: (a) who is employed for the purpose of and who is customarily and regularly engaged away from his employer's place or places of business in: (1)…”

Flood v. Just Energy Mktg. Corp., 904 F.3d 219 (2d Cir. 2018). · cites it 5× “29 C.F.R. § 541.500 (a). The Secretary's regulations go on to separately define each of the components for the applicability of the outside salesman exemption.”

Davina Hurt v. Com. Energy, Inc., 973 F.3d 509 (6th Cir. 2020). · cites it 9× “The DOL has issued three regulations relevant to the “outside sales” exemption, 29 C.F.R. § 541.500 , 29 C.F.R. § 541.501 , and 29 C.”

Gregory v. First Title of Am., Inc., 555 F.3d 1300 (11th Cir. 2009). · cites it 8× “29 C.F.R. § 541.500 (a). "Primary duty" is further defined in 29 C.”

Christopher v. SmithKline Beecham Corp., 635 F.3d 383 (9th Cir. 2011). · cites it 5× “29 C.F.R. § 541.500 (a). An employee’s “primary duty” is “the principal, main, major, or most important duty that the employee performs.”

Vinole v. Countrywide Home Loans, Inc., 571 F.3d 935 (9th Cir. 2009). · cites it 2× “” 29 C.F.R. § 541.500 (a). 12 Similar to the California exemption, analysis of the FLSA exemption is a fact-intensive inquiry.”

Nielsen v. Devry, Inc., 302 F. Supp. 2d 747 (W.D. Mich. 2003). · cites it 5× “The term “outside salesman” is defined in 29 C.F.R. § 541.500 to mean any employee: (a) Who is employed for the purpose of and who is customarily and regularly engaged away from his employer’s place or places of business in: (1) Making sales within the meaning of section 3(k) of…”

Avraham Gold v. New York Life Ins. Co., 730 F.3d 137 (2d Cir. 2013). · cites it 2× “§ 213 (a)(1) which exempts outside salesmen (as defined in 29 C.F.R. § 541.500 ) from Fair Labor Standards Act (“FLSA”) overtime provisions).”

Modeski v. Summit Retail Solutions, Inc., 27 F.4th 53 (1st Cir. 2022). · cites it 5× “" 29 C.F.R. § 541.500 (a)(2). They also accept that their "primary duty" was communicating with potential customers and trying to convince them to buy the featured products (and not, for example, stocking shelves or setting up the displays).”

IntraComm, Inc. v. Bajaj, 492 F.3d 285 (4th Cir. 2007). · cites it 2× “29 C.F.R. § 541.500 (a)(2). Some of the individual exemptions have other requirements as well.”

Marcus v. AXA Advisors, LLC, 307 F.R.D. 83 (E.D.N.Y 2015). · cites it 5× “Specifically, the questions Plaintiffs pose as to class certification of 20th edition agents are: (1) whether AXA’s failure to monitor and ensure that Plaintiffs engaged in sales activities at specific locations “away from the employer’s business,” as defined in 29 C.F.R. §…”

Show all 129 citing cases →

— 29 C.F.R. § 541.500(a) — 3 cases

In Re Wells Fargo Home Mortg. Overtime Pay Litig., 527 F. Supp. 2d 1053 (N.D. Cal. 2007).

Tortorici v. Bus-Tev, LLC (S.D.N.Y. 2021).

Paramount Residential Mortg. Grp., Inc. v. Nationwide Mortg. Bankers, Inc. (D.N.J. 2024).

— 29 C.F.R. § 541.500(a)(1) — 1 case

Christopher v. SmithKline Beecham Corp., 635 F.3d 383 (9th Cir. 2011). “29 C.F.R. § 541.500 (a). An employee’s “primary duty” is “the principal, main, major, or most important duty that the employee performs.”

— 29 C.F.R. § 541.500(b) — 3 cases

McLaughlin v. Murphy, 436 F. Supp. 2d 732 (D. Maryland 2005).

Chao v. First Nat'l Lending Corp., 516 F. Supp. 2d 895 (N.D. Ohio 2006).

Tortorici v. Bus-Tev, LLC (S.D.N.Y. 2021).

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