IN RE NOVARTIS WAGE AND HOUR LITIGATION

Docket No. 09-0437-cv.

611 F.3d 141 (2010)

In re NOVARTIS WAGE AND HOUR LITIGATION.

United States Court of Appeals, Second Circuit.

Decided July 6, 2010.


Attorney(s) appearing for the Case

Jeremy Heisler, New York, New York (David W. Sanford, Katherine M. Kimpel, Sanford, Wittels & Heisler, Washington, D.C., Steven Wittels, Andrew Melzer, Sanford, Wittels & Heisler, New York, NY, on the brief), for Plaintiffs-Appellants.

Richard H. Schnadig, Chicago, IL, (Vedder Price, Chicago, IL, Jonathan A. Wexler, Vedder Price, New York, NY, on the brief), for Defendant-Appellee.

Jennifer R. Marion, United States Department of Labor, Washington, D.C. (Carol A. De Deo, Deputy Solicitor for National Operations, William C. Lesser, Deputy Associate Solicitor, Paul L. Frieden, Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C., on the brief), for Amicus Curiae Secretary of Labor in support of Plaintiffs-Appellants.

Outten & Golden, New York, NY, (Justin M. Swartz, Rachel Bien, Outten & Golden, New York, NY, Catherine K. Ruckelshaus, National Employment Law Project, New York, NY, George A. Hanson, Bradley T. Wilders, Stueve Siegel Hanson, Kansas City, MO, Rebecca M. Hamburg, National Employment Lawyers Association, San Francisco, CA, Richard J. (Rex) Burch, Bruckner Burch, Houston, TX, of counsel), filed a brief on behalf of Amicus Curiae National Employment Lawyers Association in support of Plaintiffs-Appellants.

Paul, Hastings, Janofsky & Walker, Washington, D.C. (Neal D. Mollen, Paul, Hastings, Janofsky & Walker, Washington, D.C., Robin S. Conrad, Shane B. Kawka, National Chamber Litigation Center, Washington, D.C., of counsel), filed a brief on behalf of Amicus Curiae Chamber of Commerce of the United States of America in support of Defendant-Appellee.

Before KEARSE and HALL, Circuit Judges, RAKOFF, District Judge.


KEARSE, Circuit Judge:

In these consolidated class actions, the plaintiffs, current or former pharmaceutical sales representatives employed by defendant Novartis Pharmaceuticals Corporation ("Novartis"), appeal from a judgment of the United States District Court for the Southern District of New York, Paul A. Crotty, Judge, denying their claims under the Fair Labor Standards Act of 1938 ("FLSA" or the "Act"), 29 U.S.C. § 201 et seq., and state law...

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