2nd Circ. Novartis Ruling Muddies Sales Rep OT Issue

By Elaine Meyer (July 9, 2010, 5:58 PM EDT) -- The U.S. Court of Appeals for the Second Circuit's July 6 decision finding that drug industry representatives at Novartis Pharmaceuticals Corp. were not exempt from the nation's overtime laws muddies the legal landscape and leaves the contentious issue ripe for a definitive ruling, employment lawyers say.

Although the Second Circuit opinion — which found that drug representatives should not be subject to either the outside sales or administrative exemptions of the Fair Labor Standards Act — is the most decisive appeals court ruling to date, it differs from many district courts, and the U.S. Court of Appeals for the Third Circuit,...

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