Pharmaceutical Representatives Were Not Exempt From FLSA Overtime Compensation Provisions As Outside Salespersons
In this case the court held that pharmaceutical representatives were not exempt from the Fair Labor Standards Act's overtime compensation provisions under the exemption applicable to outside salespersons. The representative's promotional work, which consisted of influencing physicians to prescribe employer's drugs to patients or even obtaining non-binding "commitments" from the physicians to do so did not constitute a "sale, exchange, contract to sell, consignment for sale, or shipment for sale" within the meaning of the Act.
The court did, however, indicate
that the representatives were
likely subject to the
exemption for administrative employees.
Amendola v.
Bristol-Myers Squibb Co.