DOL Backs Novartis Sales Reps In FLSA Suit Appeal

By Ryan Davis (October 15, 2009, 4:38 PM EDT) -- The U.S. Department of Labor has filed an amicus brief urging the U.S. Court of Appeals for the Second Circuit to reverse a lower court's ruling that a putative class of Novartis Pharmaceutical Corp. sales representatives is exempt from federal overtime requirements.

The brief, filed Wednesday, argues that a January ruling by the U.S. District Court for the Southern District of New York granting summary judgment to Novartis failed to follow the department's regulatory provisions on both the outside sales exemption and administrative exemption.

The brief describes the ruling as an attempt to "back-fit" the Fair Labor Standards Act regulations into...

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