Our second Business Law Briefing advises of an important pending Supreme Court decision regarding sales representative overtime pay, the bar examination passage by two HSP attorneys and the publication of an article in the Michigan Business Law Journal by two other of our attorneys. Thanks for allowing us to keep you on our e-mail list.
Hubbard Snitchler & Parzianello PLC
|Sales Representative Overtime Pay
Issue To Be Decided By Supreme Court
Employers Using Sales Representatives or Independent Contractors Should Review Policies
On April 16th, the United States Supreme Court heard oral arguments in Christopher v. SmithKline Beecham Corp.(GlaxoSmithKline)
. At issue is whether pharmaceutical sales representatives (PSRs) are "outside salesmen" and therefore exempted from overtime-pay requirements of the Fair Labor Standards Act of 1938 (FLSA).
Glaxo classifies its PSRs as "outside salesmen" who are not entitled to overtime pay for hours worked in excess of forty in a workweek. The PSRs allege that they usually worked ten to twenty hours per week outside of regular business hours, for which they should have received overtime pay. The PSRs argue that they should not be classified as "outside salesmen" because they cannot sell samples, take orders for medications or negotiate contracts with physicians; they can only try to convince physicians to prescribe Glaxo products.
This case has wide-ranging ramifications for not only the pharmaceutical industry but other sales industries. We will report on the decision in this case which is expected this summer. Employers utilizing the services of sales representatives or independent contractors without payment of overtime wages should review their policies to ensure FLSA compliance.
|HSP Attorneys Pass Separate Bar Exams
Hubbard Passes Florida Bar; Lee Passes Michigan Bar
Hubbard Snitchler & Parzianello PLC is proud to announce that the month of April brought news that two of our attorneys passed separate bar examinations.
John Hubbard took the Florida Bar Exam in February and was notified that he passed the exam. Once sworn in to the Florida Bar, John plans to further develop the Firm's Securities Litigation practice out of our Naples office.
Kenny Lee learned last month that he passed the Michigan Bar Examination which he took in February. HSP is proud to announce that Kenny has joined the Firm as an associate. We will have more news on Kenny's admission and his association with HSP in our next issue.
Congratulations to both John and Kenny!
HSP Attorneys Publish State Bar Article
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