Classifying Outside Sales Staff: Do They Actually Make Sales?

Employers that classify its outside sales people as exempt should make sure that those employees actually make sales.

In In re Novartis Wage and Hour Litigation, the U.S. Court of Appeals for the Second Circuit found that pharmaceutical sales representatives do not meet the outside sales exemption because the representatives' duties are not actually making sales but rather only promoting a product in an effort to convince doctors to prescribe certain pharmaceuticals. Additionally, the Second Circuit found...

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