By: Michael Thompson
The United States Supreme Court has ruled that pharmaceutical sales representatives (PSRs) are “outside salesmen” who are not entitled to overtime under the Fair Labor Standards Act (FLSA). The high court’s ruling was predicated on its finding that, in the pharmaceutical industry’s “unique regulatory environment,” the commitments obtained by PSRs equate to traditional sales. Furthermore, the Supreme Court rebuked the Department of Labor (DOL) for “unfairly surprising” the industry by filing amicus briefs arguing that PSRs were ...
By: Michael Thompson
In Ibanez v. Abbott Laboratories, Inc., the Eastern District of Pennsylvania issued the latest ruling in the ongoing dispute over whether pharmaceutical sales representatives are exempt from the overtime requirements of the FLSA.
The plaintiff in Ibanez was a former sales representative for Abbott. Among other things, the plaintiff helped create “business plans which tracked doctors by market share and potential.” The plaintiff also developed “game plan[s] or strateg[ies] for individual calls with physicians.” Thus, the District Court ruled ...
Recent Updates
- The Second Circuit Joins Fellow Circuits in Extending Limitations on Mandatory Arbitration Agreements
- Updating Your First Aid Kit: What Employers Need to Know About Opioid Antagonist Requirements in New York
- New DOL Guidance Reiterates Key Priorities for MHPAEA Enforcement
- Shh! Press the Button: New York State DOL Proposes Silent Response Button Rules for Retail Workplace Violence Prevention
- New Jersey’s Employer Response Portal: What You Need to Know