Supreme Court Rejects DOL's Interpretation and Finds Pharmaceutical Sales Representatives Qualify for the Outside Sales Exemption

Posted on Wed, Jun 27, 2012

This morning, a divided Supreme Court issued a 5-4 decision written by Justice Alito upholding decades of industry practice and finding that the Fair Labor Standards Act’s outside sales exemption applies to pharmaceutical sales representatives (PSRs).  The Court decided unanimously that the Department of Labor’s (DOL) amicus curiae briefs in which it first articulated its position that the outside sales exemption should not apply to PSRs should not be provided any “especially favorable weight.”

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Tags: pharmaceutical sales representatives, outside sales exemption, U.S. Supreme Court, HR Allen Consulting Services, HR Informant