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By: Brad Adler
Great news for employers with sales professionals in the pharmaceutical industry. The Supreme Court ruled on Monday that pharmaceutical sales people are exempt from the FLSA’s overtime requirements under the “outside sales” exemption.
Previously, federal circuit courts which had ruled on the issue were split because it was not clear whether any product or service actually is “sold” by a pharmaceutical salesman. The 5-4 decision was authored by Justice Alito.
A copy of the opinion may be found here: http://www.supremecourt.gov/opinions/11pdf/11-204.pdf