D’Este v. Bayer Corp., 565 F.3d 1119 (9th Cir. 2009)

The Ninth Circuit has certified two questions of law to be answered by the California Supreme Court pursuant to Cal. Rule of Court 8.548: (1) Does a pharmaceutical sales representative (“PSR”) qualify as an “outside salesperson” under Industrial Welfare Commission Wage Orders 1-2001 and 4-2001 if the PSR spends more than half the working time away from the employer’s place of business and personally interacts with doctors and hospitals on behalf of drug companies for the purpose of increasing individual doctors’ prescriptions of specific drugs? (2) In the alternative, is a PSR involved in duties and responsibilities that meet the requirements of the administrative exemption under California law?