DOL Tells High Court Drug Sales Reps Deserve OT Pay

Law360, New York (February 7, 2012, 3:43 PM EST) -- In a hotly contested fight over whether pharmaceutical sales representatives count as “outside salesmen” and are therefore exempt from overtime pay requirements, the U.S. Department of Labor urged the Supreme Court on Monday to defer to the department's finding that the reps are not salesmen.

The DOL, in an amicus brief filed with the high court, defended its definition of “outside salesman” under the Fair Labor Standards Act. According to the department, pharmaceutical sales reps do not count as salesmen because they do not actually close...
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