An employer-employee relationship exists when the employer has control over how, when,
and where the salesperson performs the services. Consider city or traveling salespeople
employees when their services are subject to scrutiny and control by the company.
Employers usually exercise such control by requiring the salespeople to:
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report to the company's offices regularly;
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canvass territories at regular intervals;
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follow and report on leads;
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participate in sales meetings or training courses; and
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work fixed hours or at certain times.
Workers must conform to the company’s established routines and schedules. In many
cases, salespeople who are employees may have a certain amount of freedom in their
sales activities. The company has the right to set the order of, and control, the
salesperson’s services at any time.
NOTE: Manufacturers’ representatives and multiple-line salespeople that work for a number
of people or companies are usually not employees.