Felipe Delgado v. Ortho-Mcneil, Inc.

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 in concluding that the pharmaceutical sales…