FILED
NOT FOR PUBLICATION AUG 14 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FELIPE DELGADO, an individual on No. 09-55225
behalf of himself and on behalf of all
others similarly situated; et al., D.C. No. 8:07-cv-00263-CJC-
MLG
Plaintiffs - Appellants,
v. MEMORANDUM *
ORTHO-MCNEIL, INC., a New Jersey
corporation; et al.,
Defendants - Appellees.
JOSEPH YACOUBIAN, individually and No. 09-55229
on behalf of all others similarly situated;
and PATRICIA DONNELLY, individually D.C. No. 8:07-cv-00127-CJC-
and on behalf of all others similarly MLG
situated,
Plaintiffs - Appellants,
v.
ORTHO-MCNEIL PHARMACEUTICAL,
INC., a Delaware corporation; and
ORTHO-MCNEIL NEUROLOGICS,
INC., a New Jersey corporation,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Cormac J. Carney, District Judge, Presiding
Argued November 3, 2010
Submitted August 10, 2012
Pasadena, California
Before: SCHROEDER, TALLMAN, and M. SMITH, Circuit Judges.
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
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qualify as outside salesmen and are exempt from the FLSA’s overtime wage
requirements. Christopher v. SmithKline Beecham, Corp., 132 S. Ct. 2156, 2172-
74 (2012). Accordingly, the district court did not err in concluding that the
pharmaceutical sales representatives are outside salesmen under the FLSA.
Under California law, pharmaceutical sales representatives fall under the
“administrative” exemption to California’s overtime wage requirements because
they customarily and regularly exercise discretion and independent judgment as
part of their job, and their duties involve the performance of nonmanual work
directly related to general business operations. See Harris v. Superior Court, 266
P.3d 953, 958-60, 963-64 (Cal. 2011). Accordingly, Plaintiffs are subject to the
administrative exemption of the California Labor Code. See Cal. Lab. Code §
515(a); Cal. Code Regs. tit. 8, § 11040(1)(A)(2).
AFFIRMED.
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