Reiseck v. Universal Communications of Miami, Inc. et al

Filing 48

OPINION the Court has considered the parties' submissions and holds that summary judgment is not appropriate for either side with regard to the outside salesperson exemption...The Clerk of the Court is directed to reopen this case. (Signed by Judge Thomas P. Griesa on 5/18/11) (cd)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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LYNORE REISECK,
Plaintiff,

06 Civ. 0777 (TPG)

against ­

OPINION

UNIVERSAL COMMUNICATIONS OF
MIAMI, INC., et al.,
Defendants.
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On January 11, 2010, the Second Circuit remanded Reiseck v. ': ;. :,.!
Universal Communications of Miami, et al. to have this court reconsider
Reiseck's motion for partial summary judgment. In particular, the
Second Circuit instructed this court to consider whether Reiseck fell
within two overtime exemptions to the FLSA and New York law-the
"outside salesperson" exemption and the "commissioned salesperson"
exemption. 591 F.3d 101, 108 (2d Cir. 2010).
The court has considered the parties' submissions and holds that
summary judgment is not appropriate for either side with regard to the
outside salesperson exemption. In particular, the nature of Reiseck's
work, the places of her work, the type of her work, the inferences to be
drawn from these details, and the weight to be given to conflicting
testimony are issues for trial.

With regard to the commissioned salesperson exemption, partial
summary judgment is granted for plaintiff. The court holds that
Universal was not a retail or service establishment and therefore is not
entitled to the exemption.
The Clerk of the Court is directed to reopen this case.
SO ORDERED.

Dated: New York, New York
May 18,2011

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Thomas P. Griesa
U.S.D.J.

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