Oregon Outside Sales Person Exemption

by Joel Christiansen

Oregon exempts certain outside sales employees from overtime, minimum wage, and other wage and hour protections.

Employers expose themselves to liability any time they cannot prove that an employee meets the legal requirements for the outside sales person exemption.

ORS 653.020(6) creates an exemption for workers who are “engaged in the capacity of an outside salesperson”.

OAR 839-020-0005 specifies that “outside sales person” means an employee:

  • Who is employed for the purpose of and who is customarily and regularly engaged away from the employer’s place or places of business in:
    • Making sales; or
    • 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
  • Whose hours of work spent engaged in activities other than those activities described in paragraph (a)(A) or (B) of this section, do not exceed 30 percent of the hours worked in the workweek by non-exempt employees of the employer: Provided, that work performed incidental to and in conjunction with the employee’s own outside sales or solicitations, including incidental deliveries and collections, will not be regarded as non-exempt work.

Please be advised that the above-listed statutes and rules are informational only. Since laws are always changing and will apply differently in different situations, you are encouraged to contact an attorney for help with any particular concerns.