2nd Cir. Focus is on SALES!
It was a surprising twist and turn in this long anticipated argument. Most of the lawyers on both sides had anticipated a knock down drag out brawl on the administrative exemption but lo and behold the panel wanted nothing of it. The focus of the argument was almost entirely on the sales exemption.
What this means is anyone’s guess but what is interesting about the sales exemption is that it is all an issue of law. If the court is likely to reverse on administrative exemption based on prior rulings of the 2nd circuit, under the first prong of the test, only sales will remain in our way. If the court then finds for plaintiffs on sales the cases are basically over, as the companies will have no defense to the claim except the nature of the damages.
We should know in a month to 6 months.
