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The Supreme Court will be making decisions this coming spring about pharmaceutical sales representatives and overtime pay, according to a recent report by the Wall Street Journal.
Hearings will be held to determine whether drug companies will have to compensate their reps for their hours worked over 40 in one week, even though current rulings by the Fair Labor Standards Act mandate that hours over 40 be paid at one and a half time an employee’s regular hourly rate. Typically those in pharmaceutical sales are considered ineligible for overtime under certain FLSA exemptions.
The article also goes on to state that drug sales reps often work overtime but are rarely paid for it, even though the U.S. Department of Labor says that pharmaceutical reps cannot consider their employees exempt.
The case will involve former GlaxoSmithKline sales reps who are a part of a nationwide, class-action suit against the drug company.
The discrepancy lies within the argument that drug sales reps do not actually sell medicines to doctors, but only promote the brands.
A decision is expected in June 2012.
For more information on pharmaceutical sales reps and overtime, call 888.449.2068 for your free copy of Ten Biggest Mistakes that Can Hurt Your Wage and Overtime Claim.
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