A short time ago, I wrote about a decision here in Connecticut that pharmaceutical “sales reps” were entitled to overtime since they were not actually selling anything and therefore not entitled to the “outside sales” exemption of the FLSA.
This issue isn’t going away. The Ninth Circuit Court of Appeals has asked the California Supreme Court to issue an opinion to guide it in a similar case pending before it. A great discussion of this matter can be found at EpsteinBeckerGreen blog.
It seems pretty clear to me that you can’t be a sales person if you don’t actually sell anything. Lets hope the California Supreme Court gets it right!