The Spirit of the FLSA Haunts a Highly Paid Employee

As we’ve discussed on this blog before, the Supreme Court’s decision in Christopher v SmithKline Beecham Corp. had many layers. In holding that pharmaceutical sales representatives were subject to the FLSA’s outside sales exemption, the Court touched on the purpose and spirit of the Act. Justice Alito, the author of the majority opinion, explained that highly paid employees, such as pharmaceutical sales representatives, are “hardly the kind of employees that the FLSA was intended to protect.” This dicta could apply well beyond the confines of pharmaceutical representatives and the outside sales exemption. It could suggest an additional consideration in any FLSA lawsuit involving highly paid individuals.

To read the entire blog post, click here