---
kind: "section"
citation: "29 C.F.R. § 779.404"
title: "29"
number: "779.404"
heading: "Other section 13(a)(1) employees employed in covered enterprises."
url: "https://uscodex.org/cfr/29/779.404"
---

# §779.404. Other section 13(a)(1) employees employed in covered enterprises.


The “professional” employee or the “outside salesman” employed by a retail or service establishment in a covered enterprise, in order to qualify as a bona fide “professional employee” or as an “outside salesman,” must meet all the requirements set forth in the regulations issued and found in [part 541](/cfr/29/part541.md), [subpart A](/cfr/29/subpartA.md) of this chapter, and further explained in [subpart B](/cfr/29/subpartB.md) thereof. The up-to-40 percent tolerance discussed in [§ 779.403](/cfr/29/779.403.md) for “administrative and executive employees” of a retail or service establishment does not apply to the “professional employee” or the “outside salesman.”


## Notes

### Authority

Authority: Secs. 1-19, 52 Stat. 1060, as amended; 75 Stat. 65; Sec. 29(B), Pub. L. 93-259, 88 Stat. 55; 29 U.S.C. 201-219.

### Source

Source: 35 FR 5856, Apr. 9, 1970, unless otherwise noted.