In a victory for workers, the U.S. Supreme Court let stand a 2d Circuit
decision stating that
pharmaceutical sales reps are entitled to overtime pay.
In Novartis, the 2d Circuit court determined that pharmaceutical sales
reps are not “outside sales” people and are covered by federal
wage and hour laws, entitling them to overtime pay.
The court’s reason? Pharmaceutical reps do not actually make sales
– they promote drugs to doctors who they hope will then prescribe
these drugs. The 2d Circuit also determined that the reps don’t
fit into other categories of exemptions – such as administrative
– because they do not exercise any of their own decision-making
authority or independent judgment in promoting the drug sales.
The Supreme Court declined requests by Novartis to review this decision.
How you are classified at work – as an outside sales person, independent
contractor or employee – has a significant impact on how you are
paid and if you are entitled to receive overtime compensation. Determining
the answer may be complex. If you have any questions, or believe you have
not received all the pay you deserve, please contact the experienced
Atlanta employee’s rights attorneys The Buckley Law Firm, LLC. We have years of experience helping workers
obtain all the pay they are entitled to.