In order to qualify for the exemption, the following requirements must be satisfied:
- The employee must be hired to make sales of, or obtain orders or contracts for, materials, services, or the use of facilities for which payment will be made; and
- The employee’s sales activities must occur primarily away from the employer’s premises, and
- the employee may not conduct no more than 20 percent of his or her sales on the employer’s premises; and
- The employee’s hours of nonoutside sales work may not exceed 20 percent of the hours worked by employees who are not outside salespersons.
Takeaway: Employees who qualify as exempt under the FLSA’s outside salesperson exemption also likely qualify as exempt under Minnesota law.