Tag Archives: outside sales

Court Finds Commissioned Jewelry Salesman Qualifies For Outside Sales Exemption Based On His Own Complaint’s Allegations

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 conduct … 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

Virginia Judge Finds Another Loan Officer To Be Exempt “Outside” Salesman

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 … Continue Reading

Eastern District of Virginia Judge Cacheris Expands Upon “Customarily and Regularly Away” Prong Of Outside Salesperson Analysis

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 denying … Continue Reading

Virginia Judge Finds Loan Officer to Be Outside Salesman Exempt From Minimum Wage and Overtime

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 exemption, … Continue Reading

Another Petition for Certiorari to US Supreme Court Filed Seeking Clarity As to FLSA Status of PSR’s

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 … Continue Reading

Supreme Court Declines to Review Drug Reps Classification Issue

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 Court’s ruling … Continue Reading

Ninth Circuit: Pharmaceutical Sales Representatives Are Exempt Outside Salespersons

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 … Continue Reading

Lacking Circuit Court Guidance, District Court Adheres To Earlier Ruling That Pharmaceutical Sales Representatives Are Exempt Outside Salespersons

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. Ind. Docket No. 07-CV-1133, … 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
LexBlog