Reiseck v. Universal Comms. of Miami, Inc., No. 09-1632

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.

Read Reiseck v. Universal Comms. of Miami, Inc., No. 09-1632

Appellate Information

Argued: December 14, 2009

Decided: January 11, 2010

Judges

Opinion by Judge Cabranes

Counsel

For Appellant:

John K. Diviney and Gina Ianne Grath, Alan B. Pearl & Associates, P.C., Syosset, NY

For Appellees:

Dana Susman and S. Reid Kahn, Kane Kessler, P.C., New York, NY