Navigation Links
McDonald Hopkins Law Firm Alert: Recent Court of Appeals Decision Highlights the Need to Properly Define the Role of Sales Representatives
Date:4/7/2011

CLEVELAND, April 7, 2011 /PRNewswire/ -- The Ninth Circuit, in Christopher v. Smithkline Beecham Corporation, 2011 WL 489708 (9th Cir., Feb. 14, 2011), found on February 14, 2011 that pharmaceutical sales representatives were "outside sales representatives" under the Fair Labor Standards Act (FLSA) of 1938, 20 U.S.C. section 201 et seq, exempting them from overtime pay. Pharmaceutical Sales Representatives (PSRs) are prohibited from making actual sales of drugs to physicians or patients, and are instead used to promote drugs so that physicians will prescribe them to be purchased from a pharmacy. The PSRs claimed that they were entitled to overtime pay under the FLSA for the time they spent promoting the defendants products outside of normal business hours, arguing that because they did not make sales themselves, they were not outside sales representatives.

The Court, however, reasoned that even though the PSRs did not make actual sales, they were outside sales representatives under the FLSA. The highly regulated nature of the industry prevented the PSRs from making actual sales, but the nature of the work was such that the PSRs were essentially getting commitments from physicians to prescribe drugs, which was analogous to a sale. They were, therefore, exempt from overtime pay under the FLSA as an outside sales representative.

Click below to read the McDonald Hopkins Labor and Employment Alert:

McDonald Hopkins Law Firm Alert; Recent Court of Appeals decision highlights the need to properly define the role of sales representatives

http://www.mcdonaldhopkins.com/alerts/alert.aspx?id=UyU3sCDYT0qr7fRDA_uiFA

For more information, please contact:
James J. Giszczak
248-220-1354
jgiszczak@mcdonaldhopkins.com

Timothy J. Lowe
248-220-1359
tlowe@mcdonaldhopkins.com

About McDonald Hopkins

McDonald Hopkins is a business advisory and advocacy law firm with offices in Chicago, Cleveland, Columbus, Detroit, and West Palm Beach. The firm's comprehensive legal services are provided by teams of specialized attorneys and professionals in areas such as business law, litigation, business restructuring and bankruptcy, estate planning, government affairs, healthcare, intellectual property, labor and employment, and mergers and acquisitions. The president of McDonald Hopkins is Carl J. Grassi. For more information about McDonald Hopkins, visit www.mcdonaldhopkins.com.


'/>"/>
SOURCE McDonald Hopkins
Copyright©2010 PR Newswire.
All rights reserved

Related medicine technology :

1. Bob McDonald Outlines Key Long Term Growth Strategies To P&G Shareholders
2. Precision Therapeutics President and CEO Sean McDonald Recognized as a Leading Business Executive and Recipient of 2010 Pacesetters Award
3. Hopkins Report: Focusing on Family Planning Lessens HIV Impact
4. Peregrine Announces Addition of The Johns Hopkins Hospital as Study Site for Bavituximab Trial in HCV Patients Co-Infected With HIV
5. Orion Genomics Gains Exclusive Worldwide Rights to the IGF2 Gene for Colorectal Cancer Risk Testing Through Licensing Agreement With Johns Hopkins University
6. Duska Therapeutics Licenses Portfolio of Heart Failure Drugs From Duke and Johns Hopkins
7. Johns Hopkins University Researchers to Clinically Assess Rosetta Genomics miRview(TM) Squamous Assay
8. Somanetics Acquires Exclusive Sublicense to Cerebral Autoregulation Monitoring Technology Developed at The Johns Hopkins University
9. Seguro Acquires Worldwide Rights to Johns Hopkins Abdominal Surgery Device
10. Johns Hopkins Medicine Acquires Naviscan PEM Technology for Novel Radiotracer Research
11. Eisai Enters Licensing Agreement with Johns Hopkins Brain Science Institute
Post Your Comments:
*Name:
*Comment:
*Email:
(Date:9/18/2017)... , Pa. and KALAMAZOO, Mich. , Sept. ... Penn. , and OptiMed Specialty Pharmacy of ... partnership to offer a strategic hub service that expedites ... highly sought-after personal spirometer, Spiro PD 2.0, and wellness ... A spirometer is a medical device used to measure ...
(Date:9/12/2017)... and NEW YORK , Sept. 12, 2017 ... performance ratings for global supply chains, has published the first annual edition ... CSR performance of more than 20,400 companies evaluated by EcoVadis, based on ... 2015 and 2016. ... EcoVadis Global CSR Risk & Performance Index ...
(Date:9/9/2017)... WASHINGTON , Sept. 8, 2017 ... Mobile MRI Unit coming to Washington DC ... When: Tuesday, September 12 th – Monday, ... to Washington, D.C. offering free MRI brain scans to the public.Where:  ... – will be parked at 501 K Street NW, Washington, D.C.What:BTF brings ...
Breaking Medicine Technology:
(Date:9/26/2017)... ... 2017 , ... Two innovative companies are bringing to market ... is scientifically proven as well: ABAlife™. Euromed SA, a leading manufacturer of therapeutic ... with BioTherapeutics Inc. for patented technology for absiscic acid (ABA). , The ...
(Date:9/26/2017)... ... September 26, 2017 , ... ... Manufacturers, **An FDAnews Management Report**, http://www.fdanews.com/products/54648-principles-of-equipment-qualification      , The ... must prove that their equipment, operations and processes all work the way ...
(Date:9/26/2017)... (PRWEB) , ... September 26, 2017 , ... ... orthopedic surgeon and the Chair of the Leg, Ankle, and Foot Section of ... currently the only fellowship trained orthopedic surgeon at Hackensack UMC performing total ankle ...
(Date:9/26/2017)... ... September 26, 2017 , ... ... Premier Inc. Effective October 1, 2017, the new agreement allows Premier members, at ... for patient scales. , “DETECTO is pleased to renew our agreement with Premier ...
(Date:9/26/2017)... ... 26, 2017 , ... “Good Morning Sunshine!: Finding Strength and Comfort in God”: ... Sunshine!: Finding Strength and Comfort in God” is the creation of published author, Terri ... University, who has worked at a local mental health center for over twenty years, ...
Breaking Medicine News(10 mins):