Not anymore! On July 6, 2010, the Second Circuit Court of Appeals ruled that Pharmacuetical Reps at Novartis and Schering are entitled to overtime pay. It ruled that the plain language of the Outside Sales exemption in the FLSA required the employee to actually make a sale in order to be exempt. As we all know, pharmacuetical reps don’t make sales. They call on doctors and promote the product. The actual sale doesn’t occur until and unless a patient buys the drug from pharmacy.
If you are such a rep and have worked more than 40 hours per week over the last two years, you can make a claim for the overtime hours that you worked but were not paid. Good luck!