High Court will Resolve Circuit Split on Whether Pharmaceutical Representatives are Exempt Outside Salespersons under the FLSA

In Novartis Pharm Corp. v. Lopes, 611 F.3d 141 (2nd? Cir. 2010), the Second Circuit deferred to the litigation position of the U.S. Department of Labor and held that pharmaceutical representatives are entitled to overtime pay.?? Refusing to defer, the Ninth Circuit held that the such employees are outside salespersons exempt from overtime pay. Christopher ?v. ?SmithKline ?Beecham ?Corp., ?635 F.3d 383 (9th Cir. 2011).? ?The Supreme Court granted review of the Ninth Circuit?s decision on November 28, 2011.