Valdez v. Schering-Plough

California Employment Lawyers at Blumenthal, Nordrehaug & Bhowmik File Wage and Hour Class Action Lawsuit Against Pharmaceutical Giant Schering-Plough

The California employment law lawyers of Blumenthal, Nordrehaug & Bhowmik filed a class action overtime lawsuit against Schering-Plough, alleging that the pharmaceutical sales reps working for Schering-Plough were mistreated as exempt from overtime compensation under the Fair Labor Standards Act and California Labor Code.

Schering Plough was recently acquired by Merck, another large pharmaceutical company. The wage and hour lawsuit alleges, among other things, that the sales reps working for Schering Plough were not paid overtime compensation for working more than 40 hours in a workweek. The complaint contends that the sales reps are entitled to overtime pay because they are not actually "making sales" which is the threshold requirement for the outside salesperson exemption from overtime pay.

Currently pending in the Ninth Circuit Court of Appeals is a lawsuit against another pharmaceutical company. See Christoper v. SmithKline Beecham, Case No. 10-15257. Whether or not pharmaceutical sales reps are entitled to overtime pay has become such a heated issue that the Obama Administration filed a brief on behalf of the sales reps in the Ninth Circuit case against SmithKline Beecham, arguingAdministration weighed in on the SmithKline Beecham overtime lawsuit in the Ninth Circuit by filing a brief arguing that the sales reps should be paid overtime compensation. that the sales reps should be paid overtime compensation.

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Reference Info:Pleadings | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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