California Supreme Court’s Harris Decision May Become a Helpful Tool in Defeating Class Certification–Or Maybe it Won’t

An Irritable Pessimist’s View of a Welcome Decision After several years of waiting, the California Supreme Court handed down its long-anticipated decision in Harris v. Superior Court last week. Given the natural-born suspicion held by management-side lawyers toward anything that wanders its way out of the wilderness that is the California courts, it probably comes as … Continue Reading

Putative Class of Pharmaceutical Representatives’ Offensive Collateral Estoppel Argument In Support of Overtime Claim Rejected by Pennsylvania Court

By Scott McIntyre on November 28, 2011 Posted in FLSA, Overtime Claims

The question of the exempt status of pharmacy representatives has spawned numerous class and collective actions against the pharmaceutical industry. A recent case reflects the court’s rejection of a creative attempt to challenge the exempt status of a putative class of drug sales representatives. In Ibanez v. Abbott Laboratories.pdf, No. 09-1406, 2011 WL 5572621 (E.D. … Continue Reading

Ninth Circuit Solidifies Split of Authority on Drug Sales Representative Overtime Exemption

By Scott McIntyre on February 25, 2011 Posted in Nonexempt Status, Overtime Claims

In a decision that emphasizes practicality over formalism, the Ninth Circuit recently held that pharmaceutical sales representatives (“PSRs”) are exempt from overtime pay. In Christopher v. SmithKline Beecham Corp.pdf, __F.3d___, 2011 WL 489708 (9thCir. Feb. 14, 2011) the Court concluded that the “outside sales” exemption to the FLSA applies to PSRs, meaning that they are … Continue Reading