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Wage & Hour Law Update

Supreme Court To Decide Classification of Pharmaceutical Representatives

The Supreme Court’s web site confirms that the nation’s highest court has granted the petition for certiorari filed by the pharmaceutical sales representative (PSR) plaintiffs in Christopher et al. v. SmithKline Beecham Corporation.  The Court will now review the Ninth Circuit’s ruling in Christopher that SmithKline properly classifies its pharmaceutical sales representatives as "outside sales" employees, despite the FDA regulations precluding PSRs from receiving money from the medical practitioners they visit.  Absent unforeseen delays, the parties (and the industry at large) should expect a ruling prior to end of the Court’s 2011/2012 term.