Flood v. Just Energy Marketing Corp., No. 17-0546 (2d Cir. 2018)Annotate this Case
Plaintiff appealed the district court's grant of summary judgment to Just Energy on plaintiffs' minimum wage and overtime claims brought under the Fair Labor Standards Act (FLSA) and New York Labor Law. The Second Circuit held that there was no genuine issue of fact to dispute that plaintiffs were outside salesmen—that is, to dispute that they were regularly employed away from Just Energy's office and that their primary duty was to make sales as well as to obtain orders or contracts for services.
The court rejected plaintiffs' argument that the outside salesman exemption may not be applied because of the fact that Just Energy retained discretion to reject commitment contracts that plaintiffs secured from their door‐to‐door customers, and that the outside salesman exemption may not be applied because of the overall degree of supervision that Just Energy exercised over plaintiffs' activities. The court also held that the district court did not err or abuse its discretion when it declined to find that Just Energy should be collaterally estopped from invoking the outside salesman exemption in this case.