Felipe Delgado v. Ortho-Mcneil, Inc.

Ninth Circuit

Felipe Delgado v. Ortho-Mcneil, Inc.

476 F. App'x 133

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 14, 2012

Docket09-55225, 09-55229

StatusUnpublished

Cited by2 cases

This text of 476 F. App'x 133 (Felipe Delgado v. Ortho-Mcneil, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Felipe Delgado v. Ortho-Mcneil, Inc., 476 F. App'x 133 (9th Cir. 2012).

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Opinion

MEMORANDUM *

Plaintiffs-Appellants Felipe Delgado, Quinton Bickley, Joseph Yacoubian, and Patricia Donnelly appeal two orders of the Central District of California granting summary judgment for their employers, Ortho-McNeil, Inc., Janssen Ortho-McNeil Primary Care, Inc., and Janssen L.P. (collectively, Ortho). In both actions, Plaintiffs — all pharmaceutical sales representatives — allege that they and similarly-situated employees are owed unpaid overtime wages under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., and California Labor Code § 510. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Pharmaceutical sales representatives whose primary duties include obtaining nonbinding commitment from physicians to prescribe their employer products qualify as outside salesmen and are exempt from the FLSA’s overtime wage requirements. Christopher v. SmithKline Beecham, Corp., — U.S.-,-, 132 S.Ct. 2156, 2172-74, 183 L.Ed.2d 153 (2012). Accordingly, the district court did not err *134 in concluding that the pharmaceutical sales representatives are outside salesmen under the FLSA.

Under California law, pharmaceutical sales representatives fall under the “administrative” exemption to California’s overtime wage requirements because they customarily and regularly exercise discretion and independent judgment as part of their job, and their duties involve the performance of nonmanual work directly related to general business operations. See Harris v. Superior Court, 53 Cal.4th 170, 135 Cal.Rptr.3d 247, 266 P.3d 953, 958-60, 963-64 (2011). Accordingly, Plaintiffs are subject to the administrative exemption of the California Labor Code. See Cal. Lab. Code § 515(a); Cal.Code Regs. tit. 8, § 11040(1)(A)(2).

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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MEMORANDUM *

Plaintiffs-Appellants Felipe Delgado, Quinton Bickley, Joseph Yacoubian, and Patricia Donnelly appeal two orders of the Central District of California granting summary judgment for their employers, Ortho-McNeil, Inc., Janssen Ortho-McNeil Primary Care, Inc., and Janssen L.P. (collectively, Ortho). In both actions, Plaintiffs — all pharmaceutical sales representatives — allege that they and similarly-situated employees are owed unpaid overtime wages under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., and California Labor Code § 510. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Pharmaceutical sales representatives whose primary duties include obtaining nonbinding commitment from physicians to prescribe their employer products qualify as outside salesmen and are exempt from the FLSA’s overtime wage requirements. Christopher v. SmithKline Beecham, Corp., — U.S.-,-, 132 S.Ct. 2156, 2172-74, 183 L.Ed.2d 153 (2012). Accordingly, the district court did not err *134 in concluding that the pharmaceutical sales representatives are outside salesmen under the FLSA.

Under California law, pharmaceutical sales representatives fall under the “administrative” exemption to California’s overtime wage requirements because they customarily and regularly exercise discretion and independent judgment as part of their job, and their duties involve the performance of nonmanual work directly related to general business operations. See Harris v. Superior Court, 53 Cal.4th 170, 135 Cal.Rptr.3d 247, 266 P.3d 953, 958-60, 963-64 (2011). Accordingly, Plaintiffs are subject to the administrative exemption of the California Labor Code. See Cal. Lab. Code § 515(a); Cal.Code Regs. tit. 8, § 11040(1)(A)(2).

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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