SmithKline Beecham Dodges Bullet
Pharmaceutical reps campaign for overtime pay because companies assign long hours and strict targets. These workers rarely close sales. Most firms only let them promote and recommend products. The Department of Labor backed overtime rights in written opinions. Yet, the industry resisted and used the outside sales exemption as a shield. Even so, the Supreme Court of the United States decided the exemption applies here.
SmithKline’s Legal Win
In a close 5 – 4 ruling, Justice Samuel Alito wrote for the majority. Five judges agreed with him:
• Chief Justice John Roberts
• Antonin Scalia
• Clarence Thomas
• Anthony Kennedy
The court allowed SmithKline Beecham to classify reps under the outside sales exemption. The judges also weighed industry-wide risk. They feared 90,000 reps could trigger heavy back pay claims. However, this ruling only works inside this circuit.
What This Means for Pharma Workers
This decision did not erase employee rights automatically. Courts still check job power, real control, and payment duty. Influence alone cannot override earned hour reviews. Also, shared job tools or job titles do not prove exemption safety. So, firms must show final authority before blocking overtime.
Simple Job Check
Confirm these points:
• The company sets daily routes, timing, or targets
• Leaders judge performance or issue discipline
• Your role supports the firm’s main business work
• You work long hours without overtime approval
If true, you may still request a wage audit.
Take Action Early
Workers should save work hours, targets, and job proof. Then, request a pay audit before disputes grow. After that, speak to an attorney if firms deny overtime.
If you’re working long hours, without overtime pay, call us. The outside sales exemption is not your only protection.
