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
Co-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
Co-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
By 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 GlaxoSmithKline. As readers of this blog are aware, the Christopher case involves the
Continue Reading To Sell or Not to Sell: Justices Split on Exemption
Co-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
Co-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
Authored 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
Authored 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
Authored 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
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