class action lawsuits all allege that the pharmaceutical sales representatives should be paid overtime compensation for working more than eight hour days under the California Labor Code
San Diego, CA (PRWEB) May 11, 2012
On May 9, 2012 the employment law attorneys at Blumenthal, Nordrehaug & Bhowmik filed a class action lawsuit against drug company Medimmune Biologics, Inc. on behalf drug sales representatives for alleged overtime wage and hour violations. The overtime complaint against the drug company was filed in San Diego County Superior Court and is entitled Rainey v. Medimmune Biologics, Inc., Case No. 37-2012-00096972-CU-OE-CTL.
According to the wage and hour class action complaint filed against the drug company, Medimmune Biologics violated California overtime laws by failing to pay drug 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 thus not pay overtime under California law and the Fair Labor Standards Act is that the sales representatives are actually making sales. In the Medimmune Biologics overtime class action lawsuit, the drug sales representatives allege that they were not actually involved in making sales but rather promoting prescription drugs to physicians, doctors and other specialists. At most, the physicians the sales representatives promote the drugs to can agree to prescribe the medicine to patients as needed, but cannot actually buy the prescription medicine from the sales representatives directly.
When asked about the filing of the Complaint, managing partner of Blumenthal, Nordrehaug & Bhowmik, Norman Blumenthal, stated, Medimmune Biologics and other drug companies involved in this illegal practice of failing to pay their ‘sales’ representatives overtime wages needs to be stopped now.”
The drug sales representative overtime class action suit is one of many that has been recently filed against pharmaceutical and other drug companies. The California employment law attorneys at Blumenthal, Nordrehaug & Bhowmik are also representing drug sales representatives in overtime class action suits against Novo Nordisk (Brown v. Novo Nordisk Inc., Case No. 34-2011-00103639 in the Eastern District of California); 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 representatives 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 representatives do not qualify for the outside salesperson exemption because they are not actually making sales.
For more information about the Medimmune Biologics class action lawsuit, call (866) 771-7099.
Blumenthal Nordrehaug & Bhowmik is a California employment law firm that dedicates its practice to helping employees fight back against unlawful employer practices.