Are Pharmaceutical Sales Reps exempt from FLSA’s OT requirement

Q. I work as a Pharmaceutical Sales Representative and, although I often work more than 40 hours per week, am not paid additional compensation for overtime work. Are Pharmaceutical Sales Representatives exempt from FLSA’s overtime requirements?

A. This issue is currently being decided in the courts.  Current and former pharmaceutical sales representatives have initiated individual and class action lawsuits alleging that they are entitled to overtime compensation because their employers improperly classified them as exempt under the Fair Labor Standards Act (FLSA) and similar state laws. Under the FLSA, non-exempt employees are entitled to overtime compensation for hours worked in excess of 40 hours per week, even if they are paid a salary.

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