Merck Sales Rep California Overtime
A lawsuit has been filed on behalf of California Merck sales representatives alleging they were misclassified as exempt from California overtime and should have been paid overtime for their work as Merck pharmaceutical sales representatives. The California overtime lawsuit was filed in the southern district of California by Jason Frudakis and seeks to represent other Merck sales reps.
California Overtime and Merck Sales Representatives
Merck Pharmaceutical Sales and the Fair Labor Standards Act
Merck Sales Overtime Pay
Some recent lawsuits, however, have resulted in the courts determining that some pharmaceutical sales reps are not exempt from overtime pay—that is, they should be paid overtime for their hours worked—because they do not fall under either the outside sales exemption or the administrative exemption.
Merck Sales Representative Overtime Lawsuit
In other words, Merck sales representatives do not sell or obtain orders or contracts for products. They simply promote Merck products. Because the Merck representatives must follow Merck's procedures, they do not exercise judgment or discretion in their job. Furthermore, the defendant, Merck, sets the work schedule for the sales representatives, which can, according to the lawsuit, involve 10 to 12 hour workdays and 50 to 60 hour workweeks, with no overtime pay.
The lawsuit alleges Merck is in violation the California Labor Code. "As a matter of company policy, practice, and procedure, defendant has unlawfully, unfairly and/or deceptively classified every Sales Representative as exempt based on job title alone, failed to pay the required overtime compensation, and otherwise failed to comply with all applicable labor laws with respect to these Sales Representatives," the lawsuit claims. Plaintiffs also allege they were not provided with proper meal and rest breaks.
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