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
PSRs
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…
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 …
Lacking Circuit Court Guidance, District Court Adheres To Earlier Ruling That Pharmaceutical Sales Representatives Are Exempt Outside Salespersons
By Noel P. Tripp on
Posted in Exemptions
In the latest installment of the ongoing litigation over whether pharmaceutical sales representatives are exempt from overtime under the FLSA (see earlier post here), a district court in Indiana declined to reconsider its decision holding that PSRs do qualify for the outside sales exemption. See Schaefer-Larose v. Eli Lilly & Co., S..D.
Will Supreme Court Elect to Resolve Scope of Outside Sales and Administrative Exemptions?
By Noel P. Tripp on
Posted in Exemptions
In a much-awaited decision, earlier this week the U.S. Court of Appeals for the Second Circuit reversed a New York District Court and held that pharmaceutical sales representatives are not exempt outside sales or administrative employees. In re Novartis Wage & Hour Litig., No. 09-0437-cv, 2010 U.S. App. LEXIS 13708 (2d Cir. July 6…