U.S. Court of Appeals for the Second Circuit

Case Status


Docket Number


Oral Argument Date

February 19, 2010


Case Updates

Second Circuit addresses overtime exemption for pharmaceutical sales representatives

July 06, 2010

The Second Circuit held that Novartis improperly classified its pharmaceutical sales representatives (PSRs) as exempt from the Fair Labor Standards Act (FLSA) mandatory overtime requirements. The Second Circuit concluded that the representatives did not actually conduct sales because the physicians they visited did not purchase Novartis products from the representatives.

U.S. Chamber files amicus brief

November 05, 2009

NCLC urged the Second Circuit to hold that the employer properly classified its pharmaceutical sales representatives (PSRs) as exempt from the FLSA's mandatory overtime requirements. In this case, the plaintiff PSRs sued the company for back overtime wages, claiming that PSRs are not exempt under the Department of Labor's (DOL) new interpretation of the “outside sales” exemption. NCLC argued the DOL's new interpretation of “sales” should not be afforded deference because the interpretation is irreconcilable with both the statutory language and with nearly 70 years of DOL guidance on the application of the exemption. NCLC warned that the exclusion of PSRs from the scope of the exemption would hand PSRs a windfall never contemplated by Congress.

Case Documents