In a decision with broad implications within and, potentially, outside the pharmaceutical industry, the Supreme Court has affirmed, by a 5-4 margin, the Ninth Circuit’s decision finding GlaxoSmithKline’s pharmaceutical sales representatives qualify for the outside sales exemption under the FLSA. Christopher v. SmithKline Beecham Corp., No. 11–204 (June 18, 2012). Justice Alito delivered
GlaxoSmithKline
Ninth Circuit: Pharmaceutical Sales Representatives Are Exempt Outside Salespersons
By Noel P. Tripp on
Posted in Exemptions
On February 14, 2010, the United States Court of Appeals for the Ninth Circuit held GlaxoSmithKline’s pharmaceutical sales representatives (“PSRs”) are exempt from the FLSA’s minimum wage and overtime requirements under the outside sales exemption, rejecting a contrary decision from the Second Circuit, and an amicus brief filed by the United States Department of Labor. Christopher …