2nd Circ. Finds Drug Reps Not Exempt From FLSA

Law360, New York (July 6, 2010, 12:31 PM EDT) -- A federal appeals court said Tuesday that Schering-Plough Corp. and Novartis Pharmaceutical Corp. failed to prove their pharmaceutical sales representatives should be exempt from the Fair Labor Standards Act, reviving two putative overtime class actions and backing the U.S. Department of Labor's interpretation of the law.

A three-judge panel on the U.S. Court of Appeals for the Second Circuit said in an opinion that Novartis had failed to prove its sales representatives fall within the FLSA's “outside sales” or administrative employee exemptions, reversing a lower court...
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