Frudakis vs. Merck Pharmaceutical

Complaint Against Merck for Failing to Pay Drug Sales Reps Overtime

On December 10, 2010, California employment law firm Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit against the Pharmaceutical giant Merck, entitled Frudakis vs. Merck, in the Superior Court of California for Orange County in the Civil Complex Center of Santa Ana branch.

The overtime lawsuit adds on to the saga of the pharmaceutical sales representatives wage and hour debate. Recently, a district court in Arizona decided that drug sales reps are entitled to overtime pay because they are not "making sales" under the FLSA, which is the main requirement for the outside salesperson exemption from overtime for working more than 40 hours in a workweek. Currently, that case is sitting in the Ninth Circuit court of Appeal waiting to be decided.

The Obama Administration, through the Department of Labor, has chimed in on the issue, arguing that the sales reps are entitled to overtime pay.

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Reference Info:Pleadings | State, 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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