Pharmaceutical Sales Reps Not Exempt from Overtime Requirements, Court Rules

Pharmaceutical sales representatives for Novartis Pharmaceuticals Corp. are not exempt from overtime pay requirements, a federal appeals court in New York has ruled. The sales reps actually cannot sell drugs directly to a doctor but do make regular calls to promote the company's drugs and to encourage doctors to prescribe them to their patients.  The appeals court rejected arguments that the reps were exempt as "outside sales reps" or under the "administrative" exemption. In re Novartis Wage & Hour Litigation, No 09-0437 (2nd Cir, July 6, 2010).

Source: law.com & New York Law Journal 

The misclassification of employees as exempt from overtime requirements is a common violation of federal and Kentucky state wage and hour and overtime law.  Robert Abell published an article on the misclassification of employees as exempt from overtime under the executive, administrative and professional exemptions that was published by the Kentucky Justice Association, "The Executive, Administrative and Professional Exemptions to the Overtime Requirement."

If you have been misclassified as exempt or not been paid the overtime compensation due you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.