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
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Supreme Court To Decide Classification of Pharmaceutical Representatives
By Noel P. Tripp on
Posted in Exemptions
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 …
Supreme Court Declines to Review Drug Reps Classification Issue
By Noel P. Tripp on
Posted in Exemptions
Despite the Circuit split created by this month’s decision from the Ninth Circuit, holding that pharmaceutical sales representatives are outside sales employees within the meaning of the FLSA, the Supreme Court has declined to take up Novartis’ appeal of the adverse ruling it received on this issue from the Second Circuit. The Supreme…