• United States Supreme Court Holds That Pharmaceutical Representatives Are Exempt from the Overtime Provisions of the Fair Labor Standards Act
  • June 23, 2012 | Authors: Thomas H. May; Terri Imbarlina Patak
  • Law Firm: Dickie, McCamey & Chilcote, P.C. - Pittsburgh Office
  • The Fair Labor Standards Act (“FLSA”) is the law that governs minimum wage and overtime pay. However, the Act also provides that certain workers are exempt from the overtime provisions of the Act provided that they meet certain criteria set forth in the regulations. One category of exempt employees is outside sales employees. It often has been contested whether pharmaceutical representatives constitute outside sales employees for the purposes of the FLSA. In an opinion issued today, the high court decided that pharmaceutical sales representatives qualify as outside sales employees under the most reasonable interpretation of the FLSA and, as such, are exempt from the overtime provisions of the Act.