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Justices Weigh Overtime For Drug Firm Representatives

Publication Date: 
April 16, 2012
The New York Times
Adam Liptak

Lecturer Thomas C. Goldstein was quoted by Adam Liptak of the New York Times in the following article on overtime requirements for pharmaceutical companies.

The Supreme Court considered on Monday whether representatives of pharmaceutical companies who visit doctors’ offices to promote their companies’ products are entitled to overtime. The answer turns on whether those visits are sales calls or something else.

Paul D. Clement, a lawyer for the defendant, GlaxoSmithKline, said the plaintiffs “are two pharmaceutical sales representatives.”


“It includes dinners,” she said to the plaintiffs’ lawyer, Thomas C. Goldstein. “It may be conventions. Entertainment. Maybe golf. If you’re right, would the time on the golf course get time and a half?”

Mr. Goldstein said those kinds of activities are “actually very heavily restricted.”

“While it is true that a pharmaceutical detailer has many of the characteristics of an outside salesman,” he added, “the one they don’t have is selling.”