SCHAEFER-LaROSE v. ELI LILLY & CO.

Nos. 10-3855, 11-1980, 11-2131.

679 F.3d 560 (2012)

Susan SCHAEFER-LaROSE, Plaintiff-Appellant, v. ELI LILLY & COMPANY, Defendant-Appellee. James Jirak, et al., Plaintiffs-Appellees, Cross-Appellants, v. Abbott Laboratories, Inc., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 2012.


Attorney(s) appearing for the Case

James A. O'Brien, III (argued), Attorney, Seeger Weiss LLP, New York, NY, for Plaintiff-Appellant in No. 10-3855.

Ellen E. Boshkoff (argued), Attorney, Faegre Baker Daniels LLP, Indianapolis, IN, for Defendant-Appellee.

Sarah J. Starrett (argued), Attorney, Department of Labor, Office of the Solicitor, Washington, DC, for Amicus Curiae Secretary of Labor.

Terry Rose Saunders , Attorney, Saunders Law Firm, Chicago, IL, for Plaintiffs-Appellees in No. 11-1980.

Brian J. Murray , Daniel E. Reidy (argued), Attorneys, Jones Day, Chicago, IL, for Defendant-Appellant in No. 11-1980.

Michael R. DiChiara , Attorney, DiChiara Law Firm LLC, Montclair, NJ, Terry Rose Saunders , Attorney, Saunders Law Firm, Chicago, IL, Charles Joseph , Attorney, Joseph, Herzfeld, Hester & Kirschenbaum LLP, New York, NY, Eric B. Kingsley (argued), Attorney, Kingsley & Kingsley, APC, Encino, CA, David Sanford , Attorney, Sanford, Wittels & Heisler, LLP, Washington, DC, Ira Spiro , Attorney, Spiro Moss LLP, Los Angeles, CA, for Plaintiffs-Appellants in No. 11-2131.

Brian J. Murray , Attorney, Jones Day, Chicago, IL, for Defendant-Appellee in No. 11-2131.

Before EASTERBROOK, Chief Judge, and RIPPLE and KANNE, Circuit Judges.


RIPPLE, Circuit Judge.

These two cases, which we have consolidated for opinion, involve the application of the outside sales and administrative exemptions of the Fair Labor Standards Act ("FLSA" or the "Act"), 29 U.S.C. §§ 201-19, to pharmaceutical sales representatives employed by Eli Lilly & Co. ("Lilly") and Abbott Laboratories, Inc. ("Abbott"). The plaintiffs in each case claim that, during their tenure as sales representatives with

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