U.S. Court of Appeals for the Ninth Circuit

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Ninth Circuit upholds overtime pay sales exemption for pharmaceutical representatives

July 23, 2012

In an unpublished decision, the Ninth Circuit held that pharmaceutical sales reps are not owed overtime compensation under California Labor Code Section 510 because they fall under the administrative exception to the state's overtime wage requirements.

Amicus brief filed 2/20/08. Oral argument held 2/11/09. Ninth Circuit certified questions regarding the outside sales rep. exemption to the California Supreme Court 5/5/09. California Supreme Court rejected certification 6/10/09. Ninth Circuit decision 7/23/12.

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