# Outside sales — FLSA overtime exemption duties tests by category (29 CFR Part 541)

For Outside sales, cfr section is § 541.500; duties test is (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; salary or compensation requirement is The requirements of subpart G (salary requirements) of this part do not apply to the outside sales employees described in this section; cfr citation is 29 CFR Part 541, recorded from its source on 2026-08-19; source re-checked 2026-09-16.

- **Exemption category:** Outside sales _(verified: appears in the quote below)_
- **CFR section:** § 541.500 _(verified: appears in the quote below)_
- **Duties test:** (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. _(verified: appears in the quote below)_
- **Salary or compensation requirement:** The requirements of subpart G (salary requirements) of this part do not apply to the outside sales employees described in this section. _(verified: appears in the quote below)_
- **CFR citation:** 29 CFR Part 541 _(our reading, not quoted from the source)_

## What the source says

> § 541.500 General rule for outside sales employees. (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 <https://www.ecfr.gov/current/title-29/section-541.700> § 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.

## Source

- https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541

Last verified: 2026-09-16. Review by: 2027-02-15.
Part of [FLSA overtime exemption duties tests by category (29 CFR Part 541)](https://referencesource.org/flsa-overtime-exemption-duties-tests/).