RALEIGH, N.C. – North Carolina Lawyers Weekly featured an article on the Supreme Court’s recent decision in Christopher v. Smith-Kline Beecham Corp., which resulted in a 5-4 ruling denying pharmaceutical sales representatives for qualifying for overtime pay under the Fair Labor Standards Act.
Kerry Shad, a Partner with Smith Anderson’s Commercial Litigation and Employment, Labor, and Human Resources practice, was one of the attorneys who aided in the defense of GlaxoSmithKline (GSK) in the action. Ms. Shad was quoted within the article as stating, “About 91 separate [representative] lawsuits were pending around the country against 45 or so different pharmaceutical companies at the time this issue was decided. The scope was huge.”
The Fair Labor Standards Act requires employers to pay employees time and a half for hours worked past the 40 hour work week, which has not previously included outside pharmaceutical salesmen. GSK was satisfied with the ruling because the Supreme Court agreed with the way the pharmaceutical industry has historically been classifying its sales representatives.
To read the article from the August 13, 2012, edition of North Carolina Lawyers Weekly detailing the case, please click here.
About Kerry Shad
With over 20 years of experience, Ms. Shad's practice focuses on representing private employers in connection with all aspects of employment-related litigation and counseling. Ms. Shad also regularly handles complex commercial litigation matters. She has represented clients in state and federal courts throughout North Carolina, as well as in South Carolina, Georgia, Tennessee, Florida, and Illinois.