Barnick v. Wyeth’s Empirical Analysis

Citation profile

3 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The reasons for excluding an outside salesman are fairly apparent. Such salesmen, to a great extent, work* * * * individually. There are no restrictions respecting the time he shall work and he can earn as much or as little, within the range of his ability, as his ambition dictates. In lieu of overtime, he ordinarily receives commissions as extra compensation. He works away from his employer’s place of business, is not subject to the personal supervision of his employer, and his employer has no way of knowing the number of hours he works per day. To apply hourly standards primarily devised for an employee on a fixed hourly wage is incompatible with the individual character of the work of an outside salesperson.”

   1 later decision quote this exact passage · from the majority
   e.g. Baum v. ASTRAZENECA LP

2. “Though the set of physicians Plaintiff contacted was at least in part pre-determined by Defendant and Plaintiff was given daily call quotas, Plaintiff was free to determine from day to day which particular physicians he contacted and when.”

   1 later decision quote this exact passage · from the majority
   e.g. Martinez v. Superior HealthPlan, Inc.

3. “the caselaw indicates that an employer may impose some controls on the client base - such as relegation to a certain sales territory - without transforming the character of an employee as an outside salesman”

   1 later decision quote this exact passage · from the majority
   e.g. Martinez v. Superior HealthPlan, Inc.