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Supreme Court to decide pharma overtime fate for outside sales exemption

After months of legal tangles, the U.S. Supreme Court will finally hear a case that may decide how pharmaceutical sales reps should be paid under the Fair Labor Standards Act.

There have been several court cases over the issue of whether or not pharmaceutical sales reps are eligible to receive overtime pay under the fair labor standards act. Courts have been split over the issue, with some courts agreeing that the reps are not exempt and are owed overtime pay and other courts deciding that they are exempt.

Supreme Court to review 2011 GlaxoSmithKline case
The Supreme Court will review a case involving pharmaceutical representatives for GlaxoSmithKline. In February, another court ruled on the case stating that the sales reps fall under the “outside salesperson” exemption and are not owed overtime pay. Other courts have applied the “administrative exemption” to sales reps in other cases.

The Department of Labor has sided with the reps, arguing that their job duties qualify them to receive time-and-a-half for hours over 40 in a week. Whatever the outcome, the U.S. Supreme Court’s blanket decision can affect pharmaceutical reps across the country.

U.S. courts at odds over the issues – Don’t blindly believe your exemption status.
The fact that this overtime case has made it to the Supreme Court shows just how complicated overtime exemption laws can get and you cannot trust your employer to know the laws that apply to your job duties.

Call our employment lawyers for a free case review.
If you need a free case review of your job duties and exemption status call our employment lawyers at 888-449-2068. It’s worth a check to make sure you are being paid every penny you are due under the FLSA.

FAQ: How do I know if I am exempt or non-exempt from overtime pay? 

Article: Exempt or non-exempt employees under the FLSA; How this affects your overtime eligibility