1. Is it unfair to exempt employees to deprive them of overtime wages? Why or why not?

2. J&J argued that Smith was exempt under either the administrative employee exemption or the outside salesperson exemption. The district court found, though, that Smith did not qualify for the outside salesperson exemption. What single fact might have made Smith ineligible for the outside salesperson exemption?

McNeill Pediatrics, a J&J [Johnson and Johnson] wholly owned subsidiary, employed [Patty Lee] Smith in the position of Senior Professional Sales Representative. In essence, Smith’s position required her to travel to various doctors’ offices and hospitals where she

extolled the benefit of J&J’s pharmaceutical drug Concerta to the prescribing doctors. * * * Smith, however, did not sell Concerta (a controlled substance) directly to the doctors, as such sales are prohibited by law.