9th Cir. Punts Again
Our Comment:
Recently, the 9th Circuit Court of Appeals issued an order in D’este v. Bayerwherein it stayed resolution of the consolidated appeals pending the California Supreme Court’s decision in Harris v. Superior Court. Harris is a case about the administrative exemption and the effect that that has on insurance adjusters. Evidently the 9th believes that the analysis in Harris will likely relate to pharmaceutical reps.
It appears based on this ruling that the sales exemption does not apply. This is not necessarily so but logic dictates that they would not wait for Harris if they thought the sales exemption applied. We expect oral argument will be set in Harris later this year with a decision in the beginning of 2010. for now we wait. We will keep the updates coming if there are any.
