This month’s column discusses decisions issued by the U.S. Supreme Court during the 2011-12 term in the area of labor and employment law.
Outside Sales
In a major win for pharmaceutical companies, the court ruled 5-4 in Christopher v. SmithKline Beecham, No 11-204 (June 18, 2012), that pharmaceutical sales representatives (PSRs) qualify as “outside salesmen” and are therefore exempt employees under the Fair Labor Standards Act (FLSA). This decision resolved a circuit split and overruled In re Novartis Wage & Hour Litigation, 611 F3d 141 (2d Cir. 2010), which held PSRs are not exempt under the FLSA.
