Supreme Court Attacks Dept. of Labor Actions In Sales Rep Overtime Case
This article was originally published in The Pink Sheet Daily
The high court questioned the nature of pharmaceutical sales rep work and what constitutes a sale in the case Christopher v. SmithKline Beecham; Justice Stephen Breyer asked GSK’s attorney what the court should say in crafting an opinion.
You may also be interested in...
Court rules that reps’ nonbinding commitments from physicians to prescribe drugs constitute a sale and thus make them outside sales employees who are exempt from overtime. Court also rebukes Labor Department’s policy change outside of rulemaking.
The high court will hear oral arguments on whether sales reps sell drugs or just promote them; Thomas Goldstein, who won a victory for PhRMA in Sorrell v. IMS, is representing the sales reps and former Solicitor General Paul Clement is arguing for GlaxoSmithKline.
Senators ask the agency to address the “regulatory loophole” permitting telehealth companies to promote prescription drugs without disclosing side effects and question if FDA has enforcement authority over third-party social media influencer promotions.