United States Second Circuit

In an action alleging sex discrimination and failure to pay overtime wages, summary judgment for defendants is vacated in part and the matter is remanded where, because plaintiff's primary duty was the sale of advertising space, she was properly considered a "salesperson" for the purposes of the Fair Labor Standards Act (FLSA) and therefore did not fall under the administrative exemption to the overtime pay provisions of the FLSA.

Appellate Information

• Argued 12/14/2009
• Decided 01/11/2010
• Published 01/11/2010

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before CABRANES and PARKER, Circuit Judges, and AMON, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• John K. Diviney, (Gina Ianne Grath, on the brief), Alan B. Pearl & Associates, P.C., Syosset, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Dana Susman, (S. Reid Kahn, on the brief), Kane Kessler, P.C., New York, NY, for Defendants-Appellees.