The 10th Circuit concluded that civilian military recruiters do not satisfy the FLSA's "outside salesmen" exemption for overtime purposes. In Gerber v. Serco the court distinguished the employees of Serco, to whom the U.S. army had subcontracted its recruiting and promotional tasks, from sales people. The key difference between these recruiters and those who might meet the overtime exemption was the fact that they were at best promoting the idea of joining the army, rather than actually soliciting commitments from recruits as those could only be made directly with army officials. Gerber v. Serco, Nos. 06-4316 & 07-4005, 2008 U.S. App. LEXIS 13806 (10th Cir. July 1, 2008).