The Supreme Court recently heard a case brought by two GlaxoSmithKline pharmaceutical employees against the employer for unpaid overtime. If the pharmaceutical manufacturer is found in violation of labor laws for misclassifying employees as exempt workers, they would be forced to pay back wages to approximately 90,000 sales representatives for overtime
employee attendance.
A lawyer for the company argues that the workers qualified as salespeople and were compensated as such because of their title, training and work environment. However, they don't actually makes sales, Chief Justice John G. Roberts Jr. pointed out during the hearing, according to The New York Times.
The sales representatives cannot write prescriptions or sell drugs. Rather, they encourage doctors to write prescriptions for patients who can buy the medications from pharmacies, the source reports. The Supreme Court's decision is expected in June. If it files in favor of the sales representatives, the company could owe billions of dollars, the source reports.
Employers can avoid lawsuits and paying workers back wages by complying with the Fair Labor Standards Act (FLSA) provisions that have specific definitions for exempt employees and which positions qualify.
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