Joseph Breen Published in Employment Law360 and Health Law360
"Wage-And-Hour Issues In The Life Sciences"

Joseph Breen's article, "Wage-And-Hour Issues In The Life Sciences," was published in the November 13, 2009 issues of Employment Law360 and Health Law360. The article provides an overview of the key wage and hour risk factors for employers in the Life Sciences Industry--an industry where research personnel, pharmaceutical sales representatives, and independent contractors are prevalent. Joe addresses the following questions in this article: 1) Do research personnel qualify as exempt employees under the Federal Labor Standards Act (FLSA)?; 2) When are pharmaceutical sales employees properly classified as exempt?; and 3) What special risks do life sciences employers face in hiring independent contractors?

Joe concludes, "The wage and hour laws under the FLSA pose particular challenges to employers in the Life Sciences Industry who seek to properly classify their employees as either exempt or nonexempt within the parameters of their business model and often unique labor needs. The requirements of each state's wage and hour laws add another layer of complexity to the exemption analysis. The first line of defense for employers is to recognize the risks of misclassifying employees… and work proactively with legal counsel to avoid or minimize those risks."