In 2008, about 24 percent worked more than 50 hours per week. See http://www.bls.gov/oco/ocos119.htm. Employment of sales representatives, wholesale and manufacturing, is expected to grow by 7 percent between 2008 and 2018. http://www.bls.gov/oco/ocos119.htm. So as you can see, damages and substantial and only likely to increase.
The theory behind the sales reps not being exempt, in its most basic form, is this: The [reps] do not sell any [drugs] or obtain any orders for [drugs]. At most the [sales reps] can get the [doctors] to make a non-binding promise that they will [prescribe patients] the [drug]. As a result, the sales reps do not satisfying the sales exemption test because they are promoting rather than “Making sales.”
At Blumenthal, Nordrehaug & Bhowmik, our California employment law attorneys represent Pharmaceutical Sales Representatives in actions for unfair employer practices such as discrimination, wrongful termination, harassment and unpaid overtime wages.