Subpart
1.
Definition.
A house-to-house commission salesperson sells door-to-door at
retail prices to the customer. The salesperson does not purchase stock at
wholesale, maintain that stock for resale, or retain the risk of loss if the
stock is not sold.
Subp. 2.
Independent contractor.
A house-to-house commission salesperson is an independent
contractor if all of the following criteria are substantially met.
A. If assigned to territories, the
salesperson is not granted exclusive rights to them.
B. The salesperson is not required to canvass
his or her territories within any specified time or to work during fixed hours
or at certain times.
C. The
salesperson receives no training, is not required to follow an established
routine or schedule, and devises his or her own methods and means of
selling.
D. The salesperson pays
his or her own business expenses.
E. The salesperson is not required to produce
any minimum volume of business or follow leads furnished by the
company.
Subp. 3.
Employee.
A house-to-house commission salesperson is an employee if all
of the following criteria are substantially met.
A. The salesperson works for only one company
and on a full-time basis.
B. The
services of the salesperson are an important part of the company's
business.
C. Although the
salesperson may not be required to report to the company's office at regular
intervals, he or she often receives leads and instructions through the mail
which must be followed.
D. The
salesperson is required to file regularly a report of activities with the
company.
E. The salesperson is
required to canvass his or her territory regularly.
F. The salesperson is required to attend
sales meetings or take part in training courses.
G. The salesperson may be visited by a sales
manager or supervisor who instructs and helps in developing sales techniques
and other matters.
H. The
salesperson is expected to produce a certain amount of business to continue the
relationship.
