HAR §12-20-6. Outside salesman capacity

The term "individual employed...in the capacity of outside salesman" means any individual: (1) 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: (A) Making sales; or (B) 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) Whose hours of work of a nature other than that described in paragraphs (1)(A) and (1)(B) do not exceed forty per cent of the hours worked in the workweek by non-exempt employees of the employer; provided that the hours of work do not include hours of work of a nature other than sales or solicitations which are in excess of five per cent of the hours worked in the workweek by non-exempt employees of the employer. Exempt work shall include work performed incidental to and in conjunction with the employee's own outside sales or solicitations. The term "sales" shall include any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition with respect to tangible and intangible property. [Eff. Oct. 2, 1981] (Auth: HRS §387-11) (Imp: HRS §387-1)