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Medimmune Biologics Sales Reps Overtime Class Action

San Diego, CA: An employment class action lawsuit has been filed 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 by the employment law attorneys at Blumenthal, Nordrehaug & Bhowmik.

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 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.

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Published on May-11-12


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