Legal Opinion

Parker v. NutriSystem, Inc.

Court of Appeals for the Third Circuit

Decided September 7, 2010No. 09-3545PublishedCited by 43 opinions

1Opinion of the Court

OPINION OF THE COURT

FISHER, Circuit Judge.

This appeal arises from an order of the District Court, entered July 30, 2009, granting Appellee NutriSystem, Inc.’s (“NutriSystem”) motion for summary judgment on Appellants’ claims for past overtime payments based on violations of the Fair Labor Standards Act (“FLSA” or the “Act”), 29 U.S.C. § 201, el seq.1 We must decide whether the District Court correctly concluded that NutriSystem’s method of compensating its call-center employees constituted a commission under the FLSA so that NutriSystem was exempt from paying Appellants overtime. For the…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  4. Christensen v. Harris CountySupreme Court of the United States · 2000
  5. Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981

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3Cited by43 opinions

  1. Teva Pharm. USA, Inc. v. SandhuDistrict Court, E.D. Pennsylvania · 2018
  2. Alli v. DeckerCourt of Appeals for the Third Circuit · 2011
  3. Friedman's Liquidating Trust v. Roth Staffing Companies LP (In Re Friedman's Inc.)Court of Appeals for the Third Circuit · 2013
  4. Heffner v. MurphyCourt of Appeals for the Third Circuit · 2014
  5. United States ex rel. Washington v. Education Management Corp.District Court, W.D. Pennsylvania · 2012

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