OMB Approval: 1205-0509 Expiration Date: 333111/30/2011 12/31/2018 H-2B Application for Temporary Employment Certification ETA Form 9142B U.S. Department of Labor Please read and review the filing instructions carefully before completing the ETA Form 9142B . A copy of the instructions can be found at http://www.foreignlaborcert.doleta.gov/. In accordance with Federal Regulations, incomplete or obviously inaccurate applications will not be certified by the Department of Labor. If submitting this form non-electronically, ALL required fields/items containing an asterisk ( * ) must be completed as well as any fields/items where a response is conditional as indicated by the section ( § ) symbol. For conve nie nce and compat ibility for al l scree n rea de rs, the use r will be prompte d for a re quire d quest ion again in eac h fie ld in a ddition to the a sterisk. A. Employment-Based Nonimmigrant Visa Information H-2B 1. Indicate the type of visa classification supported by this application (Write classification symbol): * Requ ir ed Field B. Temporary Need Information 1. Job Title * Ice cream vendor Required F ield 2. SOC (ONET/OES) code * 3. SOC (ONET/OES) occupation title * 53-3031 Driver/Sales Workers Requir ed F ield Requir ed F ield Period of Intended Employment 4. Is this a full-time position? * Requir ed Field ✔ Yes 5. Begin Date * 04/01/2016  No 6. End Date * Required Field 7. Worker positions needed/basis for the visa classification supported by this application 20 10/21/2016 Required Field (mm/dd/yyyy) (mm/dd/yyyy) Total Worker Positions Being Requested for Certification * Requir ed Field Basis for the visa classification supported by this application (indicate the total workers in each applicable category based on the total workers identified above) 20 a. New employment * 0 b. Continuation of previously approved employment * without change with the same employer 0 Required Field Required F ield c. Change in previously approved employment * 0 d. New concurrent employment * 0 e. Change in employer * 0 f. Amended petition * Requir ed F ield Requir ed Field Required Field Required Field 8. Nature of Temporary Need: (Choose only one of the standards) * Required F ield  Peakload ✔ Seasonal 9. Statement of Temporary Need *  One-Time Occurrence  Intermittent or Other Temporary Need Required Field Popsy Pop, LLC - PA's 2016 dates of need for H-2B Ice cream vendors will be 4/1/2016 through 10/21/2016. Popsy Pop, LLC is a vending company which distributes pre-packaged and prepared ice cream and frozen treat products. We have ice cream vending trucks and bicycles that sell ice cream products on the street. This is seasonal work which is performed from between mid-February/early March through the subsequent fall. We have been in business since 1998 and this is the business cycle we have come to rely upon as it recurs annually. Continued on separate attachment/uploaded ETA Form 9142B H-400-15348-000984 Case Number: ______________________ FOR DEPARTMENT OF LABOR USE ONLY CERTIFIED Case Status: __________________ Page 1 of 9 04/01/2016 10/21/2016 Validity Period: ______________ to _______________ OMB Approval: 1205-0509 Expiration Date: 12/31/2018 H-2B Application for Temporary Employment Certification ETA Form 9142B U.S. Department of Labor C. Employer Information Important Note: Enter the full name of the individual employer, partnership, or corporation and all other required information in this section. For joint employer or master applications filed on behalf of more than one employer under the H-2A program, identify the main or primary employer in the section below and then submit a separate attachment that identifies each employer, by name, mailing address, and total worker positions needed, under the application. 1. Legal business name * Required Field Popsy Pop, LLC - PA 2. Trade name/Doing Business As (DBA), if applicable N/A 3. Address 1 * Required F ield 750 Kennedy Blvd 4. Address 2 N/A 5. City * 6. State * Somerdale Required Field Required Field NJ 8. Country * 9. Province Requir ed F ield UNITED STATES OF AMERICA N/A 856-435-5526 N/A 10. Telephone number * 7. Postal code * Required Field 08083 11. Extension Requir ed Field 12. Federal Employer Identification Number (FEIN from IRS) * Required F ield 13. NAICS code (must be at least 4-digits) * Requir ed Field 722330 14. Number of non-family full-time equivalent employees 15. Annual gross revenue 16. Year established N/A 17. Type of employer application (choose only one box below) * Required Field ✔  Individual Employer  Association – Sole Employer (H-2A only)  Association – Joint Employer (H-2A only)  Association – Filing as Agent (H-2A only)  H-2A Labor Contractor or Job Contractor D. Employer Point of Contact Information Important Note: The information contained in this Section must be that of an employee of the employer who is authorized to act on behalf of the employer in labor certification matters. The information in this Section must be different from the agent or attorney information listed in Section E, unless the attorney is an employee of the employer. For joint employer or master applications filed on behalf of more than one employer under the H-2A program, enter only the contact information for the main or primary employer (e.g., contact for an association filing as joint employer) under the application. 1. Contact’s last (family) name * Requir ed F ield 2. First (given) name * 3. Middle name(s) * Requir ed Field Required Field Ronald Bright N/A 4. Contact’s job title * Owner/President Required Field 5. Address 1 * Required F ield 750 Kennedy Blvd 6. Address 2 N/A 7. City * 8. State * NJ Required Field Somerdale 10. Country * 12. Telephone number * Required Field 856-435-5526 ETA Form 9142B Required Field 11. Province 13. Extension 14. E-Mail address N/A N/A FOR DEPARTMENT OF LABOR USE ONLY H-400-15348-000984 Case Number: ______________________ 9. Postal code * 08083 N/A Required Field UNITED STATES OF AMERICA Required Field Case Status: __________________ CERTIFIED Page 2 of 9 04/01/2016 10/21/2016 Validity Period: ______________ to _______________ OMB Approval: 1205-0509 Expiration Date: 12/31/2018 H-2B Application for Temporary Employment Certification ETA Form 9142B U.S. Department of Labor E. Attorney or Agent Information (If applicable) 1. Is/are the employer(s) represented by an attorney or agent in the filing of this application  Yes (including associations acting as agent under the H-2A program)? If “Yes”, complete Section E. * 3. First (given) name § 4. Middle name(s) § 2. Attorney or Agent’s last (family) name § Required Field Elizabeth Whitley ✔  No D. 5. Address 1 § 400 Front Street 6. Address 2 P.O. Box 507 7. City § 8. State § LOVINGSTON VA UNITED STATES OF AMERICA N/A 10. Country § 9. Postal code § 22949 11. Province 12. Telephone number § 13. Extension 14. E-Mail address 434-263-4300 N/A MHETTINGER@MASLABOR.COM 15. Law firm/Business name § 16. Law firm/Business FEIN § MAS Labor H-2B, LLC 17. State Bar number (only if attorney) § 18. State of highest court where attorney is in good standing (only if attorney) § N/A N/A 19. Name of the highest court where attorney is in good standing (only if attorney) § N/A F. Job Offer Information a. Job Description 1. Job Title * Required F ield Ice cream vendor 2. Number of hours of work per week 35_____ Basic *: __ 3. Hourly Work Schedule * Requir ed Field(Basic Hour s) Required Fiel d N/A Overtime: _______ 00 1 : ____ A.M. (h:mm): ___ 4. Does this position supervise the work of other employees? *  Yes ✔  No Required Fiel d P.M. (h:mm): ___ 00__ 9 : __ 4a. If yes, number of employees N/A worker will supervise (if applicable) § ______ 5. Job duties – A description of the duties to be performed MUST begin in this space. If necessary, add attachment to continue and complete description. * Required Fi eld Drive company vehicles and sell pre-packaged and/or prepared ice cream/related food products door-to-door or on the street. Duties include obtaining street vendor/solicitor permits as needed, taking orders, delivering items, receiving payment, promoting sales with new and existing accounts, explaining products/responding to customer inquiries, loading/unloading product, and keeping company vehicles clean and maintained. ETA Form 9142B FOR DEPARTMENT OF LABOR USE ONLY H-400-15348-000984 Case Number: ______________________ Case Status: __________________ CERTIFIED Page 3 of 9 04/01/2016 10/21/2016 Validity Period: ______________ to _______________ OMB Approval: 1205-0509 Expiration Date: 12/31/2018 H-2B Application for Temporary Employment Certification ETA Form 9142B U.S. Department of Labor F. Job Offer Information (continued) b. Minimum Job Requirements 1. Education: minimum U.S. diploma/degree required * Required Fiel d ✔  None  High School/GED  Associate’s  Bachelor’s  Master's  Doctorate (PhD)  Other degree (JD, MD, etc.) 1a. If “Other degree” in question 1, specify the diploma/ 1b. Indicate the major(s) and/or field(s) of study required § (May list more than one related major and more than one field) degree required § N/A N/A 2. Does the employer require a second U.S. diploma/degree? *  Yes ✔  No 2a. If “Yes” in question 2, indicate the second U.S. diploma/degree and the major(s) and/or field(s) of study required § Required Fiel d N/A 3. Is training for the job opportunity required? *  Yes Required Fi eld ✔ No 3a. If “Yes” in question 3, specify the number of months of training required § 3b. Indicate the field(s)/name(s) of training required § N/A N/A 4. Is employment experience required? * 4a. If “Yes” in question 4, specify the number of months of experience required § (May list more than one related field and more than one type)  Yes Required Fi eld N/A ✔ No 4b. Indicate the occupation required § N/A 5. Special Requirements - List specific skills, licenses/certifications, and requirements of the job opportunity. * Required Fiel d SEE ADDENDUM Workers must have or be able to obtain a valid U.S. driver's license within 60 days of hire, be able to lift and carry 50 pounds of weight, and work in standing and c. Place of Employment Information 1. Worksite address 1 * 2900 Hedley Street Required Fi eld 2. Address 2 N/A 3. City * 4. County * Philadelphia Philadelphia Required Fiel d Required Fi eld 5. State/District/Territory * PA 6. Postal code * Required Fiel d 19137 Required Fi eld 7. Will work be performed in multiple worksites within an area of intended  Yes  No ✔ employment or a location(s) other than the address listed above? * 7a. If Yes in question 7, identify the geographic place(s) of employment with as much specificity as possible. If necessary, submit an attachment to continue and complete a listing of all anticipated worksites. § Required Fi eld SEE ADDENDUM FOR ADDITIONAL WORKSITE FOR PLACE OF EMPLOYMENT State Area Based On Area 1. Delaware County/Township NEW CASTLE - WILMINGTON, DE-MD-NJ METROPOLITAN DIVISION 2. New jersey County/Township SALEM - WILMINGTON, DE-MD-NJ METROPOLITAN DIVISION 3. Pennsylvania County/Township BUCKS - PHILADELPHIA, PA METROPOLITAN DIVISION 4. Pennsylvania County/Township CHESTER - PHILADELPHIA, PA METROPOLITAN DIVISION 5. Pennsylvania County/Township DELAWARE - PHILADELPHIA, PA METROPOLITAN DIVISION ETA Form 9142B FOR DEPARTMENT OF LABOR USE ONLY H-400-15348-000984 Case Number: ______________________ CERTIFIED Case Status: __________________ Page 4 of 9 10/21/2016 04/01/2016 Validity Period: ______________ to _______________ OMB Approval: 1205-0509 Expiration Date: 12/31/2018 H-2B Application for Temporary Employment Certification ETA Form 9142B U.S. Department of Labor G. Rate of Pay 1. Basic Rate of Pay Offered * 1a. Overtime Rate of Pay (if applicable) § Required Fi eld From: 72 11 $ _____ . ____ To (Optional): N/A . ____ N/A $ _____ From: N/A . ____ N/A $ _____ To (Optional): N/A . ____ N/A $ _____ 2. Per: (Choose only one) * Required Field ✔  Hour  Week  Bi-Weekly  Month  Year  Piece Rate 2a. If Piece Rate is indicated in question 2, specify the wage offer requirements: § N/A 3. Additional Wage Information (e.g., multiple worksite applications, itinerant work, or other special procedures). If necessary, add attachment to continue and complete description. § SEE ADDENDUM See Prevailing Wage Determination . Raises and/or bonuses may be offered to any worker in the specified occupation, at the company's sole discretion, based on individual factors including work performance, skill, and tenure. Employer H. Recruitment Information 1. Name of State Workforce Agency (SWA) serving the area of intended employment * Required Fiel d N/A 2. SWA job order identification number * 2a. Start date of SWA job order * 2b. End date of SWA job order * N/A N/A N/A Required Fi eld Required Fi eld 3. Is there a Sunday edition of a newspaper (of general circulation) in the area of intended employment? * Name of Newspaper/Publication (in area of intended employment for H-2B only) * 4. From: Required Fi eld (In H-2A this date is 50% of contract period)  Yes  No Required Fi eld N/A N/A N/A N/A 5. From: Dates of Print Advertisement § To: N/A To: N/A 6. Additional Recruitment Activities for H-2B program. Use the space below to identify the type(s) or source(s) of recruitment, geographic location(s) of recruitment, and the date(s) on which recruitment was conducted. If necessary, add attachment to continue and complete description. * Required Fi eld N/A ETA Form 9142B FOR DEPARTMENT OF LABOR USE ONLY H-400-15348-000984 Case Number: ______________________ Case Status: __________________ CERTIFIED Page 5 of 9 10/21/2016 04/01/2016 Validity Period: ______________ to _______________ OMB Approval: 1205-0509 Expiration Date: 12/31/2018 H-2B Application for Temporary Employment Certification ETA Form 9142B U.S. Department of Labor I. Declaration of Employer and Attorney/Agent In accordance with Federal regulations, the employer must attest that it will abide by certain terms, assurances and obligations as a condition for receiving a temporary labor certification from the U.S. Department of Labor. Applications that fail to attach Appendix A or Appendix B will be considered incomplete and not accepted for processing by the ETA application processing center. 1. For H-2A Applications ONLY, please confirm that you have read and agree to all the applicable terms, assurances and obligations contained in Appendix A. §  Yes  No  N/A 2. For H-2B Applications ONLY, please confirm that you have read and agree to all the applicable terms, assurances and obligations contained in Appendix B. § ✔ Yes  No  N/A J. Preparer Complete this section if the preparer of this application is a person other than the one identified in either Section D (employer point of contact) or E (attorney or agent) of this application. 1. Last (family) name § 2. First (given) name § 3. Middle initial § N/A N/A N/A 4. Job Title § N/A 5. Firm/Business name § N/A 6. E-Mail address § N/A K. U.S. Government Agency Use (ONLY) Pursuant to the provisions of Section 101 (a)(15)(h)(ii) of the Immigration and Nationality Act, as amended, I hereby certify that there are not sufficient U.S. workers available and the employment of the above will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. By virtue of the signature below, the Department of Labor hereby acknowledges the following: 10/21/2016 04/01/2016 This certification is valid from _______________________ to _______________________. 03/07/2016 ______________________________ Determination Date (date signed) ______________________________________________ Department of Labor, Office of Foreign Labor Certification H-400-15348-000984 ______________________________ CERTIFIED Case Status ______________________________________________ Case number L. Public Burden Statement (1205-0509) Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 1 hour to complete the form, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this data collection is required to obtain/retain benefits (Immigration and Nationality Act, 8 U.S.C. 1101, et seq.). Please send comments regarding this burden estimate or any other aspect of this information collection to the Office of Foreign Labor Certification * U.S. Department of Labor * Room C4312 * 200 Constitution Ave., NW, * Washington, DC * 20210. Please do not send the completed application to this address. ETA Form 9142B FOR DEPARTMENT OF LABOR USE ONLY H-400-15348-000984 Case Number: ______________________ Case Status: __________________ CERTIFIED Page 6 of 9 10/21/2016 04/01/2016 Validity Period: ______________ to _______________ OMB Approval: 1205-0509 Expiration Date: 12/31/2018 H-2B Application for Temporary Employment Certification ETA Form 9142B U.S. Department of Labor ADDENDUM ADDENDUM SECTION F.b.5: Special Requirements bending positions. No education or experience necessary. Will train. Saturday and Sunday work required when necessary. ETA Form 9142B FOR DEPARTMENT OF LABOR USE ONLY H-400-15348-000984 Case Number: ______________________ CERTIFIED Case Status: __________________ Page 7 of 9 04/01/2016 10/21/2016 Validity Period: ______________ to _______________ OMB Approval: 1205-0509 Expiration Date: 12/31/2018 H-2B Application for Temporary Employment Certification ETA Form 9142B U.S. Department of Labor ADDENDUM ADDENDUM SECTION F.c.7: Additional Worksites State Area Based On Area 6. Pennsylvania County/Township MONTGOMERY - PHILADELPHIA, PA METROPOLITAN DIVISION 7. Pennsylvania County/Township PHILADELPHIA - PHILADELPHIA, PA METROPOLITAN DIVISION ETA Form 9142B FOR DEPARTMENT OF LABOR USE ONLY H-400-15348-000984 Case Number: ______________________ CERTIFIED Case Status: __________________ Page 8 of 9 04/01/2016 10/21/2016 Validity Period: ______________ to _______________ OMB Approval: 1205-0509 Expiration Date: 12/31/2018 H-2B Application for Temporary Employment Certification ETA Form 9142B U.S. Department of Labor ADDENDUM ADDENDUM SECTION G.3: Additional Notes Regarding Wage Information guarantees no less than the required minimum prevailing hourly wage rate, plus potential bonus or commission based on sales amount. 35 hours per week, work may require 35+ hrs/wk upon occasion. Employer is exempt from FLSA and overtime provisions under the law's Outside Sales Provision, 29 CFR Part 541.500, Section 13(a)(1). Workers provide own transportation to/from employer's place of business each work day; employee drives company vehicle between worksites. ETA Form 9142B FOR DEPARTMENT OF LABOR USE ONLY H-400-15348-000984 Case Number: ______________________ CERTIFIED Case Status: __________________ Page 9 of 9 04/01/2016 10/21/2016 Validity Period: ______________ to _______________ Popsy Pop LLC 750 Kennedy Blvd. Somerdale, NJ. 08083 Phone: 856?435-5526 Fax: 8564354339 STATEMENT OF TEMPORARY NEED Popsy Pop, LLC 2016 dates of need for H-2B Ice cream vendors will be 4/1/2016 through 10/21/2016. Popsy Pop, LLC is a vending company which distributes pre-packaged and prepared ice cream and frozen treat products. We have ice cream vending trucks and bicycles that sell ice cream door-to-door and on the street. This is seasonal work which is performed from between mid-February/early March through the subsequent fall. We have been in business since 1998 and this is the business cycle we have come to rely upon as it recurs annually. Our annual seasonal business cycle is late winter through late October. We begin recruiting seasonal, temporary workers no later than early March to begin the required job training. Our need for street vendors ceases once the weather gets cold and the demand for our products decreases dramatically (late October). Popsy Pop, LLC has a seasonal labor need as opposed to a peak load labor need. We do not have any permanent, year?round workers performing the work described on the ETA 9142 during the off-months because there is no work to perform. We do not vend ice cream door-to-door or on the street in trucks or on bikes during intermittent wet, frozen, or snow-covered conditions and the short daylight hours of winter. Customer demand for our ice cream and other treats is very limited during our off-months, and the weather often makes it impossible for street vendors to work. With the onset of warmer weather and Daylight Saving our business increases dramatically. Our typical schedule of operations each year begins with drivers being trained on company procedures and product lines and also obtaining necessary licensing permits before the demand for ice cream begins. As soon as weather permits workers will drive Popsy Pop?s vehicles Softee? soft-serve ice cream trucks, popsicle trucks, and/or bicycles) to sell ice cream and related food products on the street. Workers take orders, deliver items, receive payments, and promote sales among old and new customers. At the end of each work day, workers are responsible for re-ordering the products and keeping their truck or bike fully stocked, as well as cleaning and maintaining the trucks or bicycles. Additionally, on occasion, we sell ice cream and related products at birthday parties, church socials, and business- and other functions. These job duties continue on an ongoing basis through the summer and into the fall. By late October, ice cream and related product consumption slows down/ceases, the weather is not conducive to street vending, and we no longer have a need for temporary street vending workers. Based upon recent, current, and projected business volume, we anticipate needing 20 temporary H-2B workers to perform street vending activities in 2016 in the Philadelphia, PA area and surrounding counties. This is a slight increase over the previous year and can be attributed to the fact that the territory is expanded. Our 2016 start date is about one month later than it was in 2015. In light of business and visa availability considerations we have determined that we can make do in the early weeks of our season in the Philadelphia market because we operate fewer soft-serve trucks in this area, but by April 1 our season is fully underway annd we will be in need of our H-ZB workforce to ensure adequate route coverage. My job requirements for workers are basic. Workers must be able to lift and carry 50 pounds. Workers are expected to load trucks and bikes with full boxes of ice cream products. Workers who cannot physically accommodate lifting and carrying this amount of weight will be unable to adequately perform the job. Additionally workers must have or be able to obtain a valid driver's license and work for long periods in standing and bent positions. Employees operate company?owned vehicles between worksites within the area of intended employment. Please note that Popsy Pop does not state an overtime rate on its ETA 9142 application, even though at times workers may work more than 40 hours/week. This is because Popsy Pop is exempt from the FLSA overtime provisions under the law?s outside sales provision; 29 CFR Part 541.500, Section which provides that ?any employee employed in the capacity of outside salesman and customarily and regularly works away from the employer's place of business? is exempt from the law?s overtime requirements. Popsy Pop?s workers fall into both categories as required by the regulation. For more information on the outside sales exemption please refer to the attached Fact Sheet #1 7F: Exemption for Outside Sales Employees Under the Fair Labor Standards Act (FLSA). Please refer any and all subsequent questions to my designated agent-of-record, MAS Labor H2B, LLC, with whom I contract to perform all H-2B work with federal and state agencies on my behalf. Sincerely, . ?may? Ronald ?0 ment 123/ 1 u/ 3" Date U.S. Department of Labor Wage and Hour Division (Revised July 2008) Fact Sheet #17F: Exemption for Outside Sales Employees Under the Fair Labor Standards Act (FLSA) This fact sheet provides general information on the exemption from minimum wage and overtime pay provided by Section 13(a)(1) of the Fair Labor Standards Act as defined by Regulations, 29 CFR Part 541. The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations. See other fact sheets in this series for more information on the exemptions for executive, administrative, professional, and computer employees, and for more information on the salary basis requirement. Outside Sales Exemption To qualify for the outside sales employee exemption, all of the following tests must be met: x x The employee’s primary duty must be making sales (as defined in the FLSA), 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 The employee must be customarily and regularly engaged away from the employer’s place or places of business. The salary requirements of the regulation do not apply to the outside sales exemption. An employee who does not satisfy the requirements of the outside sales exemption may still qualify as an exempt employee under one of the other exemptions allowed by Section 13(a)(1) of the FLSA and the Part 541 regulations if all the criteria for the exemption is met. Primary Duty “Primary duty” means the principal, main, major or most important duty that the employee performs. Determination of an employee’s primary duty must be based on all the facts in a particular case, with the major emphasis on the character of the employee’s job as a whole. Making Sales “Sales” includes any sale, exchange, contract to sell, consignment for sales, shipment for sale, or other disposition. It includes the transfer of title to tangible property, and in certain cases, of tangible and valuable evidences of intangible property. Obtaining Orders or Contracts for Services or for the Use of Facilities Obtaining orders for “the use of facilities” includes the selling of time on radio or television, the solicitation of advertising for newspapers and other periodicals, and the solicitation of freight for railroads and other transportation agencies. The word “services” extends the exemption to employees who sell or take orders for a service, which may be performed for the customer by someone other than the person taking the order. Customarily and Regularly The phrase “customarily and regularly” means greater than occasional but less than constant; it includes work normally done every workweek, but does not include isolated or one-time tasks. Away from Employer’s Place of Business An outside sales employee makes sales at the customer’s place of business, or, if selling door-to-door, at the customer’s home. Outside sales does not include sales made by mail, telephone or the Internet unless such contact is used merely as an adjunct to personal calls. Any fixed site, whether home or office, used by a salesperson as a headquarters or for telephonic solicitation of sales is considered one of the employer’s places of business, even though the employer is not in any formal sense the owner or tenant of the property. Promotion Work Promotion work may or may not be exempt outside sales work, depending upon the circumstances under which it is performed. Promotional work that is actually performed incidental to and in conjunction with an employee’s own outside sales or solicitations is exempt work. However, promotion work that is incidental to sales made, or to be made, by someone else is not exempt outside sales work. Drivers Who Sell Drivers who deliver products and also sell such products may qualify as exempt outside sales employees only if the employee has a primary duty of making sales. Several factors should be considered in determining whether a driver has a primary duty of making sales, including a comparison of the driver’s duties with those of other employees engaged as drivers and as salespersons, the presence or absence of customary or contractual arrangements concerning amounts of products to be delivered, whether or not the driver has a selling or solicitor’s license when required by law, the description of the employee’s occupation in collective bargaining agreements, and other factors set forth in the regulation. Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-8664USWAGE (1-866-487-9243). When the state laws differ from the federal FLSA, an employer must comply with the standard most protective to employees. Links to your state labor department can be found at www.dol.gov/whd/contacts/state_of.htm. This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210 1-866-4-USWAGE TTY: 1-866-487-9243 Contact Us