Flood v. Just Energy Mktg. Corp.

Jeffrey Alker Meyer, District Judge:

This appeal principally calls on us to examine the scope of the "outside salesman" exemption to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201 et seq. , and New York Labor Law ("NYLL") §§ 650 et seq . An outside salesman is an employee who regularly works away from the employer's business and whose primary job duty is to make sales or to obtain orders or contracts for services.

Plaintiff Kevin Flood and similarly situated employees worked for a group of affiliated energy supply companies who are collectively referred to here as "Just Energy." Flood…