I was reading one of the several newsletters that I receive when this headline caught my eye.
“US Federal Appeals Court Rules Pharmaceutical ‘Sales’ Reps Entitled to Overtime Pay”
To say I am surprised by this ruling would be a very modest understatement.
I was a sales representative for 3 years. I have managed sales representatives for over 15 years. Whether we are sales reps or manage them, we perceive ourselves as being professional, capable of talking with all types of medical professionals on an intellectual level about our products, the diseases that our products treat and the expected benefits that our products and our competitor products bring to the the patient, the healthcare system and national patient outcomes.
When did we think of ourselves as paid by the hour delivery people who somehow now qualify for overtime?
The representatives who initiated these legal actions, have they refused their bonuses or other perks associated with the job they are or perhaps were doing? Did they refuse to attend those social and professional events where meetings with doctors, bonuses and other professional would enhance overall disease and medicine knowledge? Somehow I doubt it.
Don’t misunderstand what I am saying. I believe that every person who works deserves time off to have a family life, have time to pursue other interests besides his job.
The sales representative position is often an entry level position into the industry. From here with hard work, smart work and the taking advantage of opportunities to excel, you can develop your career to whatever level you want.
Asking for overtime pay is not a good way to bring positive attention to you by senior management.
I guess I do not understand today’s pharmaceutical sales representative enviroment.
For the reader’s reference:
Article:
Decision has Wide Implications for Pharmaceutical Industry; Court Gives “Controlling Deference” to US Dept of Labor Amicus Brief
NEW YORK, July 6 /PRNewswire/ — A unanimous United States Court of Appeals for the Second Circuit ruled today that pharmaceutical “sales” representatives whose primary job duty is to visit doctor’s offices, drop off drug samples and announce pre-scripted messages describing their employer’s pharmaceuticals, are entitled to overtime pay under federal, New York state and California law. The appeals court vacated the judgment of the district court and held that the “Reps” are not subject to either the federal and state “outside sales” or “administrative” exemptions to overtime pay. In December, 2009 the United States Department of Labor filed an amicus appeal brief in support of the sales reps, a rare step for the DOL.
Jeremy Heisler of Sanford Wittels & Heisler, LLP, (“SWH”) the law firm representing the Novartis Reps called the Second Circuit decision “extremely significant” both for the Novartis overtime litigation and also for a number of overtime lawsuits pharmaceutical sales reps are bringing against their employers throughout the country.
Source: Sanford Wittels & Heisler, LLP
CONTACT: Alex Howe, newsPRos, +1-202-271-7997 +1-202-271-7997, alex@newspros.com
Web Site: http://www.swhlegal.com/
