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Orrick, Herrington & Sutcliffe LLP | USA | 18 Feb 2011

The Ninth Circuit adopts common sense interpretation of the term “sales” to find pharmaceutical sales representatives exempt from overtime

On February 14, 2011, the U.S. Court of Appeals for the Ninth Circuit ruled in Christopher v. SmithKline Beecham Corp. that pharmaceutical sales representatives were exempt from overtime under the Fair Labor Standards Act (FLSA) as “outside sales” employees because they were “in some sense” engaged in sales.

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