The U.S. Supreme Court last week refused to hear an appeal filed by Novartis Pharmaceuticals of a decision holding that Pharmaceutical Sales Representatives are entitled to overtime pay. On July 6, 2010, the New York-based Second Circuit Court of Appeals ruled in the case of In re: Novartis Wage and Hour Litigation that these workers, who routinely put in 60 hour weeks traveling to doctors' offices to promote the latest medications, are non-exempt workers and thus should be paid overtime.
This decision by the Supreme Court is good news, at least for pharma reps in Vermont, Connecticut and New York, the three states covered by the Second Circuit. Unless and until the Supreme Court (a) decides to hear another pharma rep case, and (b) rules otherwise, these workers will be able to recover back overtime, and get paid overtime going forward. Hopefully this decision will help change an industry whose business model is based on forcing its workers to put in ridiculous hours without pay..
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