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Second Circuit Strips Pharmaceutical Sales Reps of Their Exempt Status
The Second U.S. Circuit Court of Appeals recently held in In re Novartis Wage and Hour Litigation, No. 09-0437 (2nd Cir. July 6, 2010), that pharmaceutical sales representatives do not fall under any of the exemptions to overtime payment requirements under the Fair Labor Standards Act (“FLSA”). The court's decision exposes the two defendant pharmaceutical companies to significant damages in unpaid overtime as the result of having misclassified the employees and significantly impacts the classification of pharmaceutical sales representatives in the industry.
Background
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
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