CA Drug Sales Reps Sue Novo Nordisk in Class Action Wage and Hour Lawsuit
July 28, 2011
Our Anaheim, California labor and employment attorneys have been reading about a recent California class action wage and hour lawsuit, filed by pharmaceutical sales representatives of the drug company Novo Nordisk, who claim that the company violated overtime laws by failing to pay the employees for overtime hours worked.
In the lawsuit, the pharmaceutical sales representatives accuse the drug giant of engaging in employee misclassification by classifying them as outside salespersons, and "exempt" from overtime laws under California law and the Fair Labor Standards Act.
In a previous Carson, California employment lawyer blog, our attorneys reported that under the FLSA and California law, most non-exempt employees are entitled to overtime compensation at one and one half their regular pay rates for any hours worked beyond forty in a workweek. The FLSA provides exemptions from both minimum wage and overtime payment for outside sales representatives, administrative, executive, computer and professional employees. To qualify for an exemption under the FSLA, the employee's specific job responsibilities must be considered, and not just the job title.
The Novo Nordisk class action wage and hour complaint claims that the primary qualification for an outside salesperson exemption is that the sales representatives must be making sales. The Novo Nordisk sales representatives claim that while working they were not actually making sales, rather only promoting prescription drugs to physicians. According to the complaint, the physician can only agree to prescribe the medicine to the patients, but cannot actually buy the drugs from the pharmaceutical sales representatives directly.
The sales representatives allege the as they have been misclassified by Novo Nordisk, and that they do not qualify for the outside salesperson exemption. The employees claim that they should receive overtime compensation for working over eight hour days and forty hour weeks under California Labor Code and the FLSA.
In Escondido, Irvine, and Placentia, California, contact our Howard Law, PC today for a free consultation with our attorneys about your California labor and employment rights.
Novo Nordisk Hit with Pharmaceutical Sales Rep Wage & Hour Overtime Class Action Lawsuit, San Francisco Gate/PR Newswire, July 25, 2011
Novo Nordisk hit with US lawsuit over overtime pay, Reuters, July 26, 2011
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