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Sydney v. Time Warner Entm't-Advance/Newhouse P'ship

Telecoms Provider Denied Judgment as to TSRs' Exemption From Overtime Pay Requirement

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION   On remand from the Second Circuit and pending before the Court is Defendant’s motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. See generally Dkt. No. 68. With respect to this motion, the Court must determine whether Plaintiffs were exempt from receiving overtime pay based on the “retail or service establishment” exemption of the Fair Labor Standards Act (“FLSA”). II. BACKGROUND Time Warner Entertainment-Advance/Newhouse Partnership (“Defendant”) provided telecommunications services, including cable television, internet and phone services to the public. See Dkt. No. 68-2, Def’s Stmt. of Material Facts, at 1. Jeffrey Sydney and Stephen Capousis (“Plaintiffs”) worked for Defendant as Territory Sales Representatives (“TSRs”). See id. at

4, 6, 9, 10. TSRs were assigned to apartment complexes and other multiple dwelling units where they had various responsibilities, which may have included (1) selling Defendant’s services in their assigned territories; (2) taking work orders from potential customers calling in; (3) troubleshooting technical or mechanical issues for existing customers; and (4) maintaining a positive relationship with leasing agents and management of the apartment complexes to which they were assigned.1 See id. at

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