Pharmaceutical Sales Reps at issue again!

A short time ago, I wrote about a decision here in Connecticut that pharmaceutical “sales reps” were entitled to overtime since they were not actually selling anything and therefore not entitled to the “outside sales” exemption of the FLSA. 

This issue isn’t going away.  The Ninth Circuit Court of Appeals has asked the California Supreme Court to issue an opinion to guide it in a similar case pending before it.  A great discussion of this matter can be found at EpsteinBeckerGreen blog. 

It seems pretty clear to me that you can’t be a sales person if you don’t actually sell anything.  Lets hope the California Supreme Court gets it right!

Leave a reply

Your email address will not be published. Required fields are marked *

Contact Us Today


I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber, McKenna & Dinsmore did an amazing job of getting our unpaid overtime back to us. Every one at the firm that I dealt with through that process was wonderful to work with. I appreciate all they did for us more than you will ever know.
- L. LeHeup, Georgia