The Ninth Circuit U.S. Court of Appeals on Monday ruled that pharmaceutical sales representatives are exempt from federal overtime laws, creating what some see as an appellate court split that could find its way to the U.S. Supreme Court.

The three-judge panel upheld a lower court ruling rejecting a proposed class action against GlaxoSmithKline for not paying sales representatives overtime. The ruling deviated from an earlier one in July by the Second Circuit and by a stance asserted by the Department of Labor in amicus curiae briefs in both cases.

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