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The American Society for Pharmacy Law (ASPL) is the organization of attorneys, pharmacists, pharmacist-attorneys and students of pharmacy or law who are interested in the law as it applies to pharmacy, pharmacists, wholesalers, manufacturers, state and federal government and other interested parties.
ASPL is a nonprofit organization with the purposes of:
- Furthering knowledge in the law related to pharmacists, pharmacies, the provision of pharmaceutical care, the manufacturing and distribution of drugs, and other food, drug, and medical device policy issues;
- Communicating accurate legal educational information; and
- Providing educational opportunities for pharmacists, attorneys, and others who are interested in pharmacy law
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Save THE DATE!!
November 15-18
ASPL Developments in Pharmacy Law
Seminar XXIII
May 14, 2012
7th Circuit holds that pharmaceutical reps are exempt from overtime pay
In In combined cases filed by sales representatives of Abbott and Eli Lilly, the 7th Circuit took a position that aligns with the 9th and 3rd Circuits, but differs from the 2nd Circuit, holding that under the Fair Labor Standards Act, pharmaceutical sales representatives are administrative employees exempt from FLSA overtime pay requirements. The Court did not reach the question of whether the reps are subject to the outside salesperson exemption, an issue that is currently under review by the Supreme Court on appeal of the 9th Circuit’s holding in cases filed against Glaxo. [Schaefer-LaRose v. Eli Lilly & Co., No. 10-3855; Jirak et al. v. Abbott Laboratories, Inc., Nos. 11-1980 & 11-1231, 7th Cir., May 8, 2012]
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