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Smith v. Johnson & Johnson, 3d Cir., No. 09-1223, February 2, 2010

Articles Discussing Case:

Sales Rep Falls Within FLSA’s “Administrative” Exemption Because of Independent Strategic Planning Responsibilities.

Ogletree Deakins • February 16, 2010
Under the Fair Labor Standards Act (FLSA), employees who work more than 40 hours a week are entitled to overtime pay unless they fall under one of the Act’s enumerated exemptions. The 3d U.S. Circuit Court of Appeal found that a Johnson & Johnson sales representative fell within the “administrative” exemption, based upon that person’s high level of planning and foresight, along with her “exercise of discretion and independent judgment with respect to matters of significance” and, therefore, was not entitled to overtime pay.