(PRWEB) July 25, 2011
On May 18, 2011 the employment law attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit against pharmaceutical company Novo Nordisk on behalf drug sales reps for alleged overtime wage and hour violations. The overtime complaint against the pharmaceutical giant was filed in Sacramento Superior Court and is entitled Brown v. Novo Nordisk, Case No. 34-2011-00103639.
According to the wage and hour class action complaint filed against the drug company, Novo Nordisk violated California overtime laws by failing to pay pharmaceutical sales representatives for overtime hours worked. Under California law, companies are required to pay all non-exempt employees overtime compensation whenever the employees work more than eight hours in a day or forty hours in a week. The primary requirement to satisfy the outside salesperson exemption and not get paid overtime under California law and the Fair Labor Standards Act is that the sales reps are actually making sales. In the Novo Nordisk overtime class action lawsuit, the pharmaceutical sales reps allege that they were not actually making sales but rather promoting prescription drugs to physicians. At most, the physician can agree to prescribe the medicine to patients as needed, but cannot actually buy the prescription medicine from the pharmaceutical sales reps directly.
The drug sales rep overtime class action suit is one of many that has been recently filed against pharmaceutical companies. The California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik are also representing pharma sales reps in overtime class action suits against Merck (Frudakis v. Merck, Case No. SACV11-00146 in the Central District of California) and Schering-Plough (Valadez v. Schering-Plough, Case No. 10-CV-2595 in the Southern District of California). The class action lawsuits all allege that the pharmaceutical sales reps should be paid overtime compensation for working more than eight hour days under the California Labor Code and/or forty hour weeks under the Fair Labor Standards Act based on the contention that the drug sales reps do not qualify for the outside salesperson exemption because they are not actually making sales.
For more information about the pharmaceutical sales rep class action suit against Novo Nordisk, visit the Novo Nordisk California wage and hour class action suit website or call (866) 771-7099.
The California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik represent employees in class action and individual lawsuits involving unpaid overtime, wage and hour violations, wrongful termination, job harassment, discrimination and other illegal employment law violations.