DOL Files Brief for Federal Appeal in Potentially Game Changing FLSA Case
This article, from Pharmalot.com, discusses the US Department of Labor's filing of an amicus brief to appeal a US District Court ruling in a highly contested case that may have broader implications for the Federal Labor Standards Act (FLSA).
The article discusses a battle between sales reps for pharmaceutical giant GlaxoSmithKline and their employers over overtime compensation. Essentially, the Glaxo reps argue that they should get overtime pay, but the pharmaceutical giant says that since the reps are technically "salespeople," the company should be exempt from FLSA rules governing overtime.
The article includes a quote from Judge Frederick Martone, who sided with GlaxoSmithKline and found that the sales reps should be considered "salespeople" pursuant to the FLSA definition. It also includes a quote from Joseph & Kirschenbaum's own Charles Joseph, who celebrated the DOL's amicus brief filing. The article says that this case is very important because this issue – whether pharmaceutical sales reps should get overtime or not – is being hotly debated in other courts. Joseph & Kirschenbaum represents the Glaxo reps in this case, and the firm also represents plaintiffs in another major analogous case involving the Swiss drugmaker Novartis.