J&J Sales Rep Exempt From OT Under FLSA: Judge

Law360, New York (January 5, 2009, 12:00 AM EST) -- A federal court has granted Johnson & Johnson summary judgment in a proposed collective action alleging that the company misclassified sales representatives as exempt from overtime pay in order to avoid fully compensating them for all the time they worked.

Judge Jose L. Linares of the U.S. District Court for the District of New Jersey ruled on Dec. 30 that lead plaintiff Patty Lee Smith, a former sales representative for J&J subsidiary Ortho-McNeill Pharmaceutical, is exempt from the overtime requirements of the Fair Labor Standards Act...
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