Supreme Court to Resolve Split over FLSA Exemption for Pharmaceutical Sales Reps

Posted by Judith E. Kramer on November 29, 2011

The Supreme Court has agreed to hear a case raising the issue of whether pharmaceutical sales representatives (“PSRs”) are exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”).  The Court of Appeals for the Ninth Circuit, in Smithkline Beecham Corp., held that the PSRs were exempt as outside salesmen, thereby creating a split with the Court of Appeals for the Second Circuit, which had previously held in In re Novartis Wage & Hour Litigation that the outside sales exemption did not apply to PSRs. 

 

Continue Reading

Supreme Court Shelves Wal-Mart Class

Posted by Burton J. Fishman on June 20, 2011

In a much anticipated opinion, the Supreme Court held, 5-4, that the 1.5 million member class of women employees could not be certified for trial because it was not bound together by a common issue of law.  (Read the opinion in PDF.)  The Court also unanimously ruled that the claims for monetary damages disqualified the class from being certified as the plaintiffs had requested.

Continue Reading

Dukes v. Wal-Mart: Huge Class-Action Certification Case Argued at Supreme Court

Posted by Burton J. Fishman on April 06, 2011

In a much anticipated case, the Justices were finally able to hear and be heard on the appropriateness of a class of 1.5 million female claimants, alleging discrimination in pay and promotion opportunities.  

Continue Reading