The constant concern for employers is what next trend in litigation or what next decision by a court could lead to widespread litigation for which employers may not have prepared. Of late, it was litigation over the Fair Labor Standards Act (FLSA) and its application to sales representatives in the pharmaceutical industry, with the ultimate question being whether pharmaceutical sales representatives are entitled to overtime.
This past April, after years of litigating this issue, the U.S. Supreme Court heard argument on whether pharmaceutical sales representatives are covered by the salesperson exemption. Early this summer, the Supreme Court should resolve the application of the salesperson exemption to pharmaceutical sales representatives, although issues relating to other exemptions will remain. See Christopher v. SmithKline Beecham dba GlaxoSmithKline , No. 11-204, U.S. Supreme Court.
