Because most FLSA exemptions are affirmative defenses, their applicability is not often established by the Plaintiff’s Complaint, of which s/he is “master” and can shape to avoid addressing exemption-triggering duties. There are exceptions. In a recent opinion, a Manhattan federal district judge ruled that a commissioned salesman who traveled from his home office to
outside sales
New York Federal Court: Employee at Parts Company Is Exempt Outside Salesperson
By Noel P. Tripp on
Posted in Exemptions
An employee for an automotive and truck parts company is an exempt outside salesperson under the FLSA and the New York Labor Law, despite allegations that he was only a service technician, the Court for the Eastern District of New York rules. Domenech v. Parts Auth., Inc., 2015 U.S. Dist. LEXIS 101214 (E.D.N.Y. Aug.…
Third Circuit: Racing To Disaster Location Constituted “Outside Sales”
By Noel P. Tripp on
Posted in Exemptions
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…
Virginia Judge Finds Another Loan Officer To Be Exempt “Outside” Salesman
By Noel P. Tripp on
Posted in Exemptions
Adding to his string of summary judgment opinions regarding the applicability of the outside sales exemption to mortgage loan officers employed by Prospect Mortgage, Eastern District of Virginia Judge James C. Cacheris issued another opinion granting summary judgment to Prospect because the Plaintiff’s deposition testimony established that he was “customarily and regularly” away from Prospect’s…
Eastern District of Virginia Judge Cacheris Expands Upon “Customarily and Regularly Away” Prong Of Outside Salesperson Analysis
By Noel P. Tripp on
Posted in Exemptions
Following-up on his decision on January 7th granting summary judgment to Prospect Mortgage regarding the applicability of the outside sales exemption to one loan officer, Judge James C. Cacheris of the Eastern District of Virginia has issued two more decisions on similar motions for summary judgment by the employer, granting a second one and…
Virginia Judge Finds Loan Officer to Be Outside Salesman Exempt From Minimum Wage and Overtime
By Noel P. Tripp on
Posted in Exemptions
While much litigation has concerned the applicability of the administrative exemption to loan officers, culminating in the Court of Appeals for the D.C. Circuit’s invalidation of the Department of Labor’s interpretation that they do not qualify for that exemption, loan officers with appropriate job duties and responsibilities may also qualify for the outside sales…
Another Petition for Certiorari to US Supreme Court Filed Seeking Clarity As to FLSA Status of PSR’s
By Noel P. Tripp on
Posted in Exemptions
As often discussed in this space and elsewhere, Courts continue to widely differ in their analysis as to whether the administrative and/or outside sales exemptions are applicable to pharmaceutical sales representatives. Now, the Supreme Court will have another opportunity to weigh in on the applicability of the outside sales exemption to such employees, as the plaintiffs…
Supreme Court Declines to Review Drug Reps Classification Issue
By Noel P. Tripp on
Posted in Exemptions
Despite the Circuit split created by this month’s decision from the Ninth Circuit, holding that pharmaceutical sales representatives are outside sales employees within the meaning of the FLSA, the Supreme Court has declined to take up Novartis’ appeal of the adverse ruling it received on this issue from the Second Circuit. The Supreme…
Ninth Circuit: Pharmaceutical Sales Representatives Are Exempt Outside Salespersons
By Noel P. Tripp on
Posted in Exemptions
On February 14, 2010, the United States Court of Appeals for the Ninth Circuit held GlaxoSmithKline’s pharmaceutical sales representatives (“PSRs”) are exempt from the FLSA’s minimum wage and overtime requirements under the outside sales exemption, rejecting a contrary decision from the Second Circuit, and an amicus brief filed by the United States Department of Labor. Christopher …
Lacking Circuit Court Guidance, District Court Adheres To Earlier Ruling That Pharmaceutical Sales Representatives Are Exempt Outside Salespersons
By Noel P. Tripp on
Posted in Exemptions
In the latest installment of the ongoing litigation over whether pharmaceutical sales representatives are exempt from overtime under the FLSA (see earlier post here), a district court in Indiana declined to reconsider its decision holding that PSRs do qualify for the outside sales exemption. See Schaefer-Larose v. Eli Lilly & Co., S..D.