Tag Archives: Third Circuit

Third Circuit Upholds Ruling That Low Volume Of Interstate Travel By Employees Does Not Impact Application of Motor Carrier Exemption

Affirming a ruling from the Eastern District of Pennsylvania, the Court of Appeals for the Third Circuit last week confirmed that drivers for a motor coach company remained exempt under the motor carrier exemption, notwithstanding the relatively low volume of interstate transit and related revenue generated by the company’s interstate routes. Resch v. Krapf’s Coaches, … Continue Reading

Third Circuit: Racing To Disaster Location Constituted “Outside Sales”

As we have written before the outside sales exemption is arguably one of the more straight-forward FLSA exemptions,  having only two requirements:  1) having as the primary duty making sales or obtaining orders; and 2) doing so away from the employer’s place or places of business “customarily and regularly.”  Nevertheless, this simple test can be … Continue Reading

Third Circuit Joins Second Circuit In Rejecting Vague Pleadings of FLSA Violations

The Court of Appeals for the Third Circuit has joined the Second Circuit’s recent opinions requiring plaintiffs in FLSA cases to provide more than generalized allegations regarding hours worked in order to satisfy the the Supreme Court’s Iqbal/Twombly standard (all arising in the medical setting).   Davis v. Abington Mem. Hosp., 2014 U.S. App. LEXIS 16472 … Continue Reading

Following Third Circuit Precedent, Pennsylvania Federal Judge Finds Pharmaceutical Representatives Are Exempt Administrative Employees

As the pharmaceutical community eagerly awaits the Supreme Court’s decision whether to grant certiorari in Christopher v. SmithKline Beecham Corp., courts within the Third Circuit (encompassing Pennsylvania, New Jersey and Delaware) continue to conform to the appeals court’s previous holding in Smith v. Johnson & Johnson, 593 F.3d 280 (3d Cir. 2010), that pharmaceutical representatives … Continue Reading

Federal Court Rules Bank of America Is Not “Joint Employer” of Call Center Workers

Businesses that outsource specific functions are often subject to allegations that they are a joint employer of the employees of the outsourced entity. A Pennsylvania District Court recently rejected this theory of liability and dismissed Bank of America from a lawsuit brought by call center employees employed by a vendor servicing Bank of America, who alleged … Continue Reading

Will Supreme Court Elect to Resolve Scope of Outside Sales and Administrative Exemptions?

In a much-awaited decision, earlier this week  the U.S. Court of Appeals for the Second Circuit reversed a New York District Court and held that pharmaceutical sales representatives are not exempt outside sales or administrative employees.  In re Novartis Wage & Hour Litig., No. 09-0437-cv, 2010 U.S. App. LEXIS 13708 (2d Cir. July 6, 2010). The … Continue Reading