outside sales exemption

Authored by Barry Miller

How do you classify the outside salesperson who fails to sell?  The administrative employee who can’t or won’t exercise discretion and independent judgment?  The manager who would rather perform manual labor than manage others?  Plaintiffs often stress – and Department of Labor regulations state – that a job description alone doesn’t dictate exempt status; rather, it’s
Continue Reading Great Expectations: Salesman’s Incompetent Performance Does Not Defeat Exempt Status

big-news.jpgCo-authored by Richard Alfred, Alex Passantino and Jessica Schauer

This morning, a divided Supreme Court issued a 5-4 decision written by Justice Alito upholding decades of industry practice and finding that the Fair Labor Standards Act’s outside sales exemption applies to pharmaceutical sales representatives (PSRs).  The Court decided unanimously that the Department of Labor’s (DOL) amicus curiae briefs in

Continue Reading Supreme Court Rejects DOL’s Interpretation and Finds Pharmaceutical Sales Representatives Qualify for the Outside Sales Exemption

pill_clock.jpgCo-authored by Richard Alfred and Jessica Schauer

The Seventh Circuit ruled yesterday that pharmaceutical sales representatives (“PSRs”) for Eli Lilly & Co. and Abbott Laboratories Inc. are exempt from overtime under the Fair Labor Standards Act (“FLSA”) under the Administrative Exemption.  The timing of the decision comes as a surprise in light of the fact that the exempt status of

Continue Reading Seventh Circuit Surprise: Appeals Court Finds Pharma Reps Exempt Under Administrative Exemption Without Waiting for Supreme Court

Supreme Court Seal.jpgBy Richard Alfred, Alex Passantino, and Jessica Schauer

Seasoned advocates, an engaged bench, and the hottest area of employment law made for an exciting oral argument this morning at the U.S. Supreme Court in the matter of Christopher v. SmithKline Beecham Corp. d/b/a GlaxoSmithKlineAs readers of this blog are aware, the Christopher case involves the

Continue Reading To Sell or Not to Sell: Justices Split on Exemption

update.jpgCo-authored by Richard Alfred, Alex Passantino and Jessica Schauer

As reported previously on this Blog, next Monday, April 16, 2012, the U.S. Supreme Court will hear oral arguments in the case of Christopher v. SmithKline, which involves application of the outside sales exemption under the Fair Labor Standards Act (FLSA) to pharmaceutical sales representatives (“PSRs”).  Also before the

Continue Reading Supreme Court Update in Christopher v. SmithKline: Will the Supreme Court Buy DOL’s Position on the Outside Sales Exemption?

sup court seal.bmpCo-authored by Richard Alfred and Jessica Schauer

At 10 a.m. EST today, the U.S. Supreme Court announced its decision to grant certiorari in Christopher v. SmithKline Beecham Corp.  The Court will review a decision of the U.S. Court of Appeals for the Ninth Circuit, reported at 635 F.3d 38 (see Seyfarth Shaw’s Wage & Hour Litigation Blog), that

Continue Reading Supreme Court To Decide Whether Pharmaceutical Sales Representatives Meet The FLSA’s Outside Sales Exemption

pill clock.jpegAuthored by Michael Fleischer 

On August 12, 2011, the plaintiffs in Christopher v. SmithKline Beecham Corp., filed a petition for writ of certiorari with the U.S. Supreme Court seeking review of the 9th Circuit’s decision holding that pharmaceutical sales representatives for GlaxoSmithKline are exempt from overtime as outside sales employees under the Fair Labor Standards Act.  The Ninth

Continue Reading Petition for Supreme Court Review Filed in Pharmaceutical Sales Rep Case

pill_clock.jpgAuthored by Kyle Petersen

On July 12, 2011, a federal district court in the Southern District of Florida jumped into the divide over whether pharmaceutical representatives are exempt from the FLSA’s overtime requirements.  In Palacios v. Boehringer Ingelheim Pharmaceuticals, Inc., the court granted summary judgment in favor of the plaintiff, holding that she was not properly classified as exempt

Continue Reading Pharmaceutical Representatives as Exempt? Contrary to the 3rd and 9th Circuits, a Florida District Court Enters the Fray

sdny.jpgAuthored by Robert Whitman

A New York federal judge has ruled that an insurance agent meets the criteria for the “outside sales” exemption, but ruled that factual disputes about the timing of the agent’s commission earnings preclude summary judgment on his claim for unlawful deductions under state law.

In Gold v. New York Life Ins. Co., Judge William Pauley

Continue Reading Insurance Agent Qualifies for “Outside Sales” Exemption, But Trial is Necessary on Permissibility of Commission Deductions

At 10 a.m. EST today, the U.S. Supreme Court announced its decision to deny certiorari in Novartis Pharmaceuticals Corp. v. Lopes et al. This surprising pronouncement means that the Court will not review the controversial decision of the U.S. Court of Appeals for the Second Circuit, reported at 611 F.3d 141, ruling that pharmaceutical sales representatives for Novartis Pharmaceuticals Corporation

Continue Reading Supreme Court Declines to Review Status of Pharmaceutical Sales Reps. Under the Administrative or Outside Sales Exemptions