| Litigants: | Christopher v. SmithKline Beecham Corp. |
| Arguedate: | April 16 |
| Argueyear: | 2012 |
| Decidedate: | June 18 |
| Decideyear: | 2012 |
| Usvol: | 567 |
| Uspage: | 142 |
| Parallelcitations: | 132 S. Ct. 2156; 183 L. Ed. 2d 153; 2012 U.S. LEXIS 4657; 19 WH Cases 2d 257; 80 U.S.L.W. 4463 |
| Fullname: | Michael Shane Christopher, et al., Petitioners v. Smithkline Beecham Corporation dba GlaxoSmithKline |
| Docket: | 11-204 |
| Prior: | Summary judgement granted to Glaxo, No. CV-08-1498-PHX-FJM (D. Ariz. 2009); affirmed, 635 F.3d 383 (9th Cir. 2011); cert. granted, . |
| Holding: | The petitioners – pharmaceutical sales representatives whose primary duty is to obtain nonbinding commitments from physicians to prescribe their employer’s prescription drugs in appropriate cases – qualify as outside salesmen under the most reasonable interpretation of the Department of Labor’s regulations. |
| Majority: | Alito |
| Joinmajority: | Roberts, Scalia, Kennedy, Thomas |
| Dissent: | Breyer |
| Joindissent: | Ginsburg, Sotomayor, Kagan |
| Lawsapplied: | The Fair Labor Standards Act of 1938; 29 U.S.C. §§ 206-207 (2006 ed. and Supp. IV); 29 U.S.C. § 213(a)(1) |
| Italic Title: | force |
Christopher v. SmithKline Beecham Corp., 567 U.S. 142 (2012), is a US labor law case of the United States Supreme Court.[1] It held that pharmaceutical sales representatives were not eligible for overtime pay.[2] The court ruled in a majority opinion written by Justice Samuel Alito that sales representatives were classified as "outside salesmen" who are exempt from the Department of Labor's regulations regarding overtime pay.[3]
Michael Christopher and Frank Buchanan worked for GlaxoSmithKline, and claimed overtime pay under the Fair Labor Standards Act. They argued they were employees under 29 USC § 207(a),[4] while GSK contended they were acting ‘in the capacity of outside salesman’ under § 213(a).[5] In turn 29 C.F.R. § 541.500 defined ‘outside salesman’ as ‘any employee’ whose duty was ‘making sales’ under § 203(k) which said that included ‘any sale, exchange, contract to sell’ and so on.[6] Christopher and Buchanan were sales representatives for around four years from 2003, who marketed to physicians to buy the company's products. They spent 40 hours a week calling physicians, and another 10 to 20 hours attending events and performing other miscellaneous tasks. Their pay included a salary and bonus pay, based on performance in selling. In a class action lawsuit, they sought time and a half for over 40 hours work.[7]
The United States District Court for the District of Arizona granted a judgment in favor of GlaxoSmithKline. After the Department of Labor filed an amicus in a related case in the Second Circuit, they appealed to the United States Court of Appeals for the Ninth Circuit in California, which affirmed the lower court's decision.[8] [9] [10] The plaintiffs then appealed to the Supreme Court.
Supreme Court held, by a five to four majority, that Christopher and Buchanan were not entitled to overtime pay under the Fair Labor Standards Act, because they were effecting sales within the Act's exception in § 213(a).[5] Justice Alito delivered the opinion of the court, in which Chief Justice Roberts, and Justices Scalia, Kennedy and Thomas joined.
Justice Breyer filed a dissenting opinion, in which Justices Ginsburg, Sotomayor and Kagan joined.