California Employment Law Update

Tag Archives: outside salesperson

Court of Appeal Rejects “Trial by Formula,” Reverses Multimillion Dollar Verdict and Orders Class Decertified

Duran v. U.S. Bank Nat’l Ass’n, No. A125557, 2012 WL 366590 (Feb. 6, 2012) In a decision destined to have significant statewide ramifications, the California Court of Appeal for the First District reversed a trial court’s certification of a wage-hour class and determination of liability, concluding that the trial court had failed to follow “established … Continue Reading

Employer Was Deprived Of Due Process By Trial Court’s Erroneous Use Of Representative Sampling

Duran v. U.S. Bank Nat’l Ass’n, 203 Cal. App. 4th 212 (2012) U.S. Bank (“USB”) appealed a $15 million judgment that was entered against it following a bifurcated bench trial. The plaintiffs are 260 current and former business banking officers who claimed they were misclassified by USB as outside sales personnel exempt from overtime pay. … Continue Reading

Pharmaceutical Sales Reps Were Properly Classified As Exempt Outside Sales Employees

Christopher v. SmithKline Beecham Corp., 635 F.3d 383 (2011) Michael Christopher and Frank Buchanan were employed as pharmaceutical sales representatives (“PSRs”) of SmithKline d/b/a GlaxoSmithKline (“Glaxo”) and were classified as outside salesmen exempt from the Fair Labor Standards Act. PSRs work outside of a Glaxo office and spend much of their time traveling to the … Continue Reading

Ninth Circuit Certifies Questions To California Supreme Court Regarding Pharmaceutical Sales Reps

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 … Continue Reading

Ninth Circuit Certifies Questions To California Supreme Court Regarding Pharmaceutical Sales Reps

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 … Continue Reading
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