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Wage & Hour Law Update

Tag Archives: outside sales exemption

Virginia Judge Finds Loan Officer to Be Outside Salesman Exempt From Minimum Wage and Overtime

While much litigation has concerned the applicability of the administrative exemption to loan officers, culminating in the Court of Appeals for the D.C. Circuit’s invalidation of the Department of Labor’s interpretation that they do not qualify for that exemption, loan officers with appropriate job duties and responsibilities may also qualify for the outside sales exemption,… Continue Reading

Fifth Circuit Upholds Outside Sales Classification

The FLSA’s “outside sales” exemption from minimum wage and overtime is among the more straightforward exemptions, in that it contains only two requirements: that the employee be “customarily and regularly” away from the employer’s place of business; and that the employee primarily be engaged in making sales. This simple-sounding test does not preclude disputes regarding its… Continue Reading

7th Circuit Joins 3rd Circuit in Finding PSRs Exempt Administrative Employees

While the pharmaceutical industry is focused on the Supreme Court’s upcoming decision in Christopher, as to whether the work performed by pharmaceutical sales representatives (PSRs) for GlaxoSmithKline qualified for the outside sales exemption, another circuit court has weighed in on the duties of PSRs and their FLSA status in the context of the administrative exemption. The… Continue Reading

Following Third Circuit Precedent, Pennsylvania Federal Judge Finds Pharmaceutical Representatives Are Exempt Administrative Employees

As the pharmaceutical community eagerly awaits the Supreme Court’s decision whether to grant certiorari in Christopher v. SmithKline Beecham Corp., courts within the Third Circuit (encompassing Pennsylvania, New Jersey and Delaware) continue to conform to the appeals court’s previous holding in Smith v. Johnson & Johnson, 593 F.3d 280 (3d Cir. 2010), that pharmaceutical representatives… Continue Reading