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Ninth Circuit repudiates DOL reading of FLSA’s “outside sales” exemption
  • Sherman & Howard LLC
  • USA
  • March 3 2011

The Ninth Circuit Court of Appeals, affirming a decision of the U.S. District Court for the District of Arizona, has ruled that Pharmaceutical Sales Representatives (PSRs) who visit physicians and urge them to prescribe the prescription drugs of their employers, where appropriate, are within the "outside sales" exemption to the Fair Labor Standards Act, and therefore not entitled to overtime pay.

Taraneh Fard
  • Sheppard Mullin Richter & Hampton LLP

Leon B. Silver
  • Gordon Rees Scully Mansukhani