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Schering Plough Pharmaceutical Reps Win in Overtime Class Action


This is a settlement for the Employment lawsuit.

New York, NY: Schering Plough pharmaceutical representatives have won a complete victory in Federal Court in a Nationwide Collective Law Suit. The suit charged that plaintiffs often worked in excess of 40 hours a week but received an annual salary without overtime pay at the mandatory rate of time and one half.

The amount to be distributed to the class will be determined by the Court, but will likely include double damages for the violation. The federal class action was filed on behalf of all pharma reps who worked for BMS during the last three years, anywhere in the United States.

Attorneys for the plaintiffs stated that The US Department of Labor recognizes that pharmaceutical reps are not exempt from overtime pay, and that the precedent for the class claim was set in the U.S. Court of Appeals for the Second Circuit, which found earlier this year that Novartis pharma reps were entitled to overtime compensation on the same grounds alleged against Schering Plough.

The US Supreme Court refused to hear the drug companies' appeals. The Second Circuit issued a similar ruling in a case brought by pharma reps against Schering Plough, as have district courts in Connecticut, Illinois, Florida and Texas in cases against Boehringer Ingelheim, Abbott, and Auxilum Pharmaceuticals. However, this ruling is the first of its kind as it found that reps are not exempt under any of the parts of the exemption. Schering had to prove all the parts of the exemption, but it lost on all points.

This company has violated the labor law, and is now being held accountable by the Court. This is why ourpclients filed the lawsuit a plaintiffs' attorney said. Schering Plough pharmaceutical reps are owed a lot of money for the often extraordinarily long hours they work with no additional compensation.

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Published on Aug-8-11


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