May 14, 2012

Law360 Notes Ellen Boshkoff Represented Eli Lilly in 7th Circuit Win

On May 8, 2012, the Seventh Circuit ruled that sales representatives at Eli Lilly & Company and Abbott Laboratories are overtime-exempt administrative employees under the Fair Labor Standards Act, Law360 reported in the article "7th Circ. Says Admin OT Exemption Covers Pharma Sales Reps." The story notes that Ellen Boshkoff of Faegre Baker Daniels represented Eli Lilly & Company in this litigation.

The pharmaceutical industry has long considered its sales reps exempt from overtime requirements, but many recent class actions have challenged the industry's classification. According to Law360, industry experts say the Seventh Circuit's ruling could give the drug industry a lifeline if the U.S. Supreme Court, which heard oral arguments in April on a similar case, does not find pharmaceutical sales reps to be outside salespeople.


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