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MODESKI v. SUMMIT RETAIL SOLUTIONS, INC.

No. 20-1747.

27 F.4th 53 (2022)

Joseph MODESKI, et al., Plaintiffs, Appellants, v. SUMMIT RETAIL SOLUTIONS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

February 25, 2022.

Attorney(s) appearing for the Case

Benjamin L. Davis, III , with whom the Law Offices of Peter T. Nicholl was on brief, for appellants.

Barry J. Miller , with whom Michael E. Steinberg and Seyfarth Shaw LLP were on brief, for appellee.

Before Lynch, Lipez, and Thompson, Circuit Judges.

The Fair Labor Standards Act ("FLSA") generally requires employers to pay minimum wage and overtime. 29 U.S.C. §§ 206(a), 207(a)(1). However, it exempts from these protections anyone employed "in the capacity of outside salesman." Id. § 213(a)(1). The question here is whether the appellants...

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