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The Supreme Court is getting involved after a February 2011 court decision regarding outside sales representatives in the pharmaceutical industry.
The decision found that GlaxoSmithKline was correct in exempting their drug sales reps from the Fair Labor Standards Act, which in turn meant that they were ineligible for overtime pay.
The article cited other court decisions where the Administrative Exemption was applied to sales reps working for Abbot Laboratories, Johnson & Johnson, AstraZeneca, and Alpharm.
Exemptions for sales reps at GlaxoSmithKline have been in place for over 70 years, and the company defends their decision to do so, claiming that the reps are rewarded a commission instead of overtime.
Whether or not to pay pharmaceutical sales reps time and a half for the hours over 40 they work each week has been widely contested through the years, and the fair overtime lawyers at Kennedy Hodges help clients who are battling this problem on a regular basis.
Contact them at 888.449.2068 for more information on incorrect exemptions, for a free copy of their book, and for a complimentary case evaluation.