The United States Supreme Court has granted certiorari in the case of Christopher v. SmithKline Beecham, Corp., D/B/A, GlaxoSmithKline in order to determine if pharmaceutical sales representatives, who visit doctors and educate them about their companies’ drug products, are eligible for overtime pay when they work more than 40 hours per week. See Petition for Certiorari. The specific question is whether the representatives are really making sales when the doctors and medical facilities they visit do not actually purchase drugs from these representatives. In the Christopher case, the United States Court of Appeals for the Ninth Circuit concluded that the representatives do make sales, even if they are not taking orders and collecting money. The Court of Appeal for the Second Circuit, in the case of In re: Novaris Wage and Hour Litigation, recently concluded that pharmaceutical sales representatives do not make sales and are thus entitled to federal overtime pay. The two opinions are attached.