3rd Circ. Shoots Down J&J Sales Reps' OT Action

Law360, New York (February 2, 2010, 3:41 PM EST) -- An appeals court has upheld summary judgment in favor of Johnson & Johnson in a proposed collective action alleging the company misclassified sales representatives as exempt from overtime pay.

In a decision Tuesday, the U.S. Court of Appeals for the Third Circuit ruled that lead plaintiff Patty Lee Smith, a former sales representative for J&J subsidiary Ortho-McNeil Pharmaceuticals Inc., was exempt from the overtime requirements of the Fair Labor Standards Act because she had administrative duties.

The ruling affirmed a December 2008 decision by Judge Jose...
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