Dearth Of A 'Sales'man

Law360, New York (November 29, 2011, 3:21 PM EST) -- On Nov. 28, 2011, the U.S. Supreme Court announced its decision to grant certiorari in Christopher v. SmithKline Beecham Corp.

The court will review a decision of the U.S. Court of Appeals for the Ninth Circuit, reported at 635 F.3d 38 (see Seyfarth Shaw’s Wage & Hour Litigation Blog,, Feb. 14, 2011, post), that held that pharmaceutical sales representatives are outside salespersons for purposes of the Fair Labor Standards Act, and therefore are exempt from overtime.

The plaintiffs’ petition, which SmithKline and the industry did...
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