C.F.R.
»
Title 29
» CHAPTER V—WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR › SUBCHAPTER A—REGULATIONS › PART 541—DEFINING AND DELIMITING THE EXEMPTIONS FOR EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, COMPUTER AND OUTSIDE SALES EMPLOYEES › Subpart F—Outside Sales Employees
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.
Notes of Decisions
Marcus v. AXA Advisors, LLC, 307 F.R.D. 83 (E.D.N.Y 2015).
· cites it 9× “]” 29 C.F.R. § 541.502 . The regulations include the examples of making sales at the customer’s place of business or at the customer’s home if selling door-to-door.”
Tracy v. NVR, INC., 599 F. Supp. 2d 359 (W.D.N.Y. 2009).
· cites it 6× “Tracy testified that his sales were— 100% of the time — conducted on NVR’s property, on sales sites maintained by NVR for the purpose of selling land and custom home building services in NVR-owned residential developments.”
Nielsen v. Devry, Inc., 302 F. Supp. 2d 747 (W.D. Mich. 2003).
· cites it 2× “29 C.F.R. § 541.502 (emphasis added). The regulations go on to explain the meaning of “incidental to and in conjunction with sales work” as follows: Work performed “incidental to and in conjunction with the employee’s own outside sales or solicitation” includes not only…”
Sullivan v. Dumont Aircraft Charter, LLC, 364 F. Supp. 3d 63 (D.D.C. 2019).
· cites it 2× “" 29 C.F.R. § 541.502 . Indeed, an outside salesman is one "who makes sales at the customer's place of business or .”
Olivo v. GMAC Mortg. Corp., 374 F. Supp. 2d 545 (E.D. Mich. 2004).
“See also 29 C.F.R. § 541.502 . Defendant argues that its loan officers meet the “outside” sales requirement because its loan officers work primarily outside of the office to solicit prospective borrowers and referral services.”
Hantz v. Prospect Mortg., LLC, 11 F. Supp. 3d 612 (E.D. Va. 2014).
“] 29 C.F.R. § 541.502 . A separate regulation further clarifies that “promotional work that is actually performed incidental to and in conjunction with an employee’s own outside sales or solicitations is exempt work.”
Chao v. First Nat'l Lending Corp., 516 F. Supp. 2d 895 (N.D. Ohio 2006).
· cites it 2× “” 29 C.F.R. § 541.502 . “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.”
McLaughlin v. Murphy, 372 F. Supp. 2d 465 (D. Maryland 2004).
“Inside sales and other inside work ... is nonexempt.”
Chavarria v. New York Airport Serv., LLC, 875 F. Supp. 2d 164 (E.D.N.Y 2012).
“As discussed above, defendants raised the defense that the DOL ruled in a June 21, 2011 determination that the ticket agents were exempt from the FLSA as “outside sales” employees under 29 C.F.R. § 541.502 . While this ruling is not binding on the Court, the fact that such a…”
Wong v. HSBC Mortg. Corp. (USA), 749 F. Supp. 2d 1009 (N.D. Cal. 2010).
“See 29 C.F.R. § 541.502 . A separate regulation clarifies that “promotional work that is actually performed incidental to and in conjunction with an employee’s own outside sales or solicitations is exempt work.”
Martinez v. Superior HealthPlan, Inc., 371 F. Supp. 3d 370 (W.D. Tex. 2019).
“" 29 C.F.R. § 541.502 . Outside sales does not include sales by mail, telephone, or the internet, unless such contact is merely an adjunct to personal calls, and "any fixed site, whether home or office, used by a salesperson as a headquarters or for telephonic solicitation of…”
Reich v. Chicago Title Ins., 853 F. Supp. 1325 (D. Kan. 1994).
“The Court is certain that “telephonic calling” does not constitute outside sales, see 29 C.F.R. § 541.502 (a) (1993), and the Court is not sure that the regulations reach persons who develop orders for service, if that term means something other than “obtain.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.