No overtime pay for sales reps - the great and powerful Supreme Court has spoken

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Anonymous said:
The Conservatives stabbed all of you in the back but since you keep mindlessly voting Republican you only have yourselves to blame. LOL
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Stabbed all of you in the back? How about a CORRECT reading of the law? Or doesn't that matter any more in this country? The Supreme Court did those of us that still work in this industry, a favor. Had the reps won, there would have been major changes in how we are paid, how we account for all of our time, etc... and iI don't think those changes would have been for the good.
 




















Anonymous said:
Stabbed all of you in the back? How about a CORRECT reading of the law? Or doesn't that matter any more in this country? The Supreme Court did those of us that still work in this industry, a favor. Had the reps won, there would have been major changes in how we are paid, how we account for all of our time, etc... and iI don't think those changes would have been for the good.
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ABSOLUTELY RIGHT. I didn't vote for Bush or Mccain. But I know this is a good decision.
Reps would be punching clocks, computers would be monitored a lot closer, sigs could be required at a rate of 1/hr to verify field time.
Who know what else pharma would dream up to micro manage the already micro managed field.
 




When you took this job, you knew it was a SALARIED position. This isn't punch-the-clock land. You work until the job is done. Some weeks I work 40 hours, some weeks I work 60 hours (pre- & post-launch), but a lot of weeks I work 35 hours, sometimes as few as 30. I would guess I average around 45 or so with drive time included, but I take as long as I want for lunch, I leave late or come home early if I need to, and I basically get the job done on my terms. If the SCOTUS would have forced Pfizer to pony up a bunch of dough for whiney little bitches I can tell you the blowback would've been most unpleasant.

You do this job to have some autonomy and a decent paycheck. If you have a decent boss, the lifestyle is good, although it has gotten tougher with the headcount reductions. Bottom line is that it's still a better job than the vast majority of Americans have. If you don't like it, leave. I know if a better opportunity presented itself, I'd be out the door. But right now, there's not a lot of great choices. Perhaps in a couple years things will change, but for now I'm just going to do my job as best I can and try to focus on the positives. Try living within your means, saving as much as you can, and enjoying your life - it's the journey, not just the final destination (which is the same for all of us anyway).

Happy trails...
 




Anonymous said:
When you took this job, you knew it was a SALARIED position. This isn't punch-the-clock land. You work until the job is done. Some weeks I work 40 hours, some weeks I work 60 hours (pre- & post-launch), but a lot of weeks I work 35 hours, sometimes as few as 30. I would guess I average around 45 or so with drive time included, but I take as long as I want for lunch, I leave late or come home early if I need to, and I basically get the job done on my terms. If the SCOTUS would have forced Pfizer to pony up a bunch of dough for whiney little bitches I can tell you the blowback would've been most unpleasant.

You do this job to have some autonomy and a decent paycheck. If you have a decent boss, the lifestyle is good, although it has gotten tougher with the headcount reductions. Bottom line is that it's still a better job than the vast majority of Americans have. If you don't like it, leave. I know if a better opportunity presented itself, I'd be out the door. But right now, there's not a lot of great choices. Perhaps in a couple years things will change, but for now I'm just going to do my job as best I can and try to focus on the positives. Try living within your means, saving as much as you can, and enjoying your life - it's the journey, not just the final destination (which is the same for all of us anyway).

Happy trails...[/QUOTE

I agree. Well said.
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Good post above.

The SCOTUS got it right. The statute is fairly clear. We are "employed in the capacity of an outside salesman". Any other interpretation is just overreaching and wrong.

"The Fair Labor Standards Act (FLSA) imposes minimum wage and maximum hours requirements on employers, see 29 U. S. C. §§206207 (2006 ed. and Supp. IV), but those requirements do not apply to workers employed “in the capacity of outside salesman,” §213(a)(1)."

Also, we do "sell" according to the statute. Our engagement with the physicians falls under the "any other disposition" definition.

"The referenced statutory provision, 29 U. S. C. §203(k), states that “‘ale’ or ‘sell’ includes any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition.” Thus, under the general regulation, an outside salesman is any employee whose primary duty is making any sale, exchange, contract to sell, consignment for sale, shipment for sale, or other disposition."

Although I have not read the entire opinion, the holding seems solid to me.
 




Anonymous said:
When you took this job, you knew it was a SALARIED position. This isn't punch-the-clock land. You work until the job is done. Some weeks I work 40 hours, some weeks I work 60 hours (pre- & post-launch), but a lot of weeks I work 35 hours, sometimes as few as 30. I would guess I average around 45 or so with drive time included, but I take as long as I want for lunch, I leave late or come home early if I need to, and I basically get the job done on my terms. If the SCOTUS would have forced Pfizer to pony up a bunch of dough for whiney little bitches I can tell you the blowback would've been most unpleasant.

You do this job to have some autonomy and a decent paycheck. If you have a decent boss, the lifestyle is good, although it has gotten tougher with the headcount reductions. Bottom line is that it's still a better job than the vast majority of Americans have. If you don't like it, leave. I know if a better opportunity presented itself, I'd be out the door. But right now, there's not a lot of great choices. Perhaps in a couple years things will change, but for now I'm just going to do my job as best I can and try to focus on the positives. Try living within your means, saving as much as you can, and enjoying your life - it's the journey, not just the final destination (which is the same for all of us anyway).

Happy trails...
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Amen brother! I completely agree with everything you said!
 




Thank you conservative panel for voting 5-4 that pharmaceuticals is really a sales job, not marketing sample droppers. Without that we would have no future outside of industry the next ATS.
 








Liberal idiots....the ruling is 100% correct had it gone the other way our jobs would turned into a living hell. If you don't like it ask to be laid off I'm sure there would be thousands lined up to take your job and be happy to do whatever it takes to put in a good days work. Just make sure you apply for unemployment so the percentage goes up and we get this POS president out of office.
 




What a waste of time and needless money-- and a joke to begin with!
Hope the attorneys went broke with legal fees! They were spouses of fired ex pharma reps (a pfizer rep in TN and a Merck rep).
And to all those stupid reps who signed up, good luck in your career as every company knows you signed up for the lawsuit because you are lazy! All management received a copy to retain certain files related to current reps and former reps who joined the lawsuit.
 




Anonymous said:
Liberal idiots....the ruling is 100% correct had it gone the other way our jobs would turned into a living hell. If you don't like it ask to be laid off I'm sure there would be thousands lined up to take your job and be happy to do whatever it takes to put in a good days work. Just make sure you apply for unemployment so the percentage goes up and we get this POS president out of office.
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I think you are right that if this ruling had been different, our jobs would have gotten much worse in many ways. However, your president is not a POS, and all liberals are not lazy, draft dodging womanizers who don't know how to smoke pot. Similarly, all conservatives are not idiots who blindly believe and repeat everything uttered by Rush Limbaugh or Sean Hannity.

You may think he's a POS, but he is your president.
 




Reps enjoy the flexibility of the job and I would guess rarely work 40hrs. Could u imagine if this ruling passed and reps had to start logging in every second. They could not deal with it. I know that things are micro managed to a greater degree, but would be worse if these winners got what they thought they wanted
 








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