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Second Circuit Strips Pharmaceutical Sales Reps of Their Exempt Status

The Second Circuit recently held that pharmaceutical sales reps do not fall under any of the exemptions to overtime payment requirements under the Fair Labor Standards Act ("FLSA"). The court's decision significantly impacts the classification of pharmaceutical sales reps in the industry.

18 minute read December 21, 2010 at 05:10 PM
By
Neil V. McKittrick and Rachel Reingold Mandel
Second Circuit Strips Pharmaceutical Sales Reps of Their Exempt Status

The Second U.S. Circuit Court of Appeals recently held in In re Novartis Wage and Hour Litigation, No. 09-0437 (2nd Cir. July 6, 2010), that pharmaceutical sales representatives do not fall under any of the exemptions to overtime payment requirements under the Fair Labor Standards Act (“FLSA”).

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