829.Full Time Traveling or City Salespersons

829.1Are full time traveling or city salespersons employees?

You are considered an employee if you:

  1. Meet the requirements in §826;

  2. Solicit orders for merchandise on behalf of another person or firm as your principal activity;

  3. Obtain your orders from businesses whose primary function is the furnishing of food and/or lodging (e.g., wholesalers, retailers, contractors, hotel and restaurant operators); and

  4. Sell merchandise that is bought for resale or use as supplies in your customer's business operations.

“Full-time” means that you work primarily for one person or business. It does not matter how much time you spend on the job.

829.2What types of salespersons are NOT considered employees?

Manufacturers representatives and multiple-line salespersons that work for a number of firms are usually not considered employees.