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.
Argued: December 14, 2009
Decided: January 11, 2010
Opinion by Judge Cabranes
John K. Diviney and Gina Ianne Grath, Alan B. Pearl & Associates, P.C., Syosset, NY