A 'Curious Case' Revisited

Law360, New York (September 27, 2010, 7:05 PM EDT) -- The authors of a recent guest article, “The Curious Case of Pharma Sales Reps and the FLSA” (Employment Law 360, Sep. 15, 2010), make several statements in that article that cannot be left unanswered if the reader is to have an accurately-framed or even balanced view of the law relating to federal overtime pay exemptions.

The authors complain that the Second Circuit’s decision in In re Novartis Wage and Hour Litigation, 611 F.3d 141 (2d Cir. 2010), finding that pharmaceutical “sales representatives” do not fall within...
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