Drug Rep Ruling May Give Employers More Ammo In OT Suits

Law360, New York (June 19, 2012, 8:40 PM EDT) -- The U.S. Supreme Court's ruling that the Fair Labor Standards Act's outside sales exemption applies to pharmaceutical sales representatives rests on a functional interpretation of the exemption that attorneys say could provide a defense to employers outside the drug industry and push courts toward a more pragmatic, employer-friendly view of other exemptions.

The high court's 5-4 ruling Monday in favor of GlaxoSmithKline PLC — which argued a proposed class of its sales reps qualified for the outside sales exemption — marks the the first time the...
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