NEW YORK, June 7, 2011 /PRNewswire/ -- A class action alleging Forest Labs (NYSE: FRX) pharmaceutical sales representatives were unlawfully denied overtime pay has been certified by a New York federal court, The Ottinger Firm, P.C., announced today.
U.S. District Judge William H. Pauley, of the Southern District of New York, granted the plaintiffs' motion for conditional collective action certification under the federal Fair Labor Standards Act (FLSA).
The national "opt-in" class includes Forest Labs sales representatives who were employed by the company in the three years before the case was filed in August 2010. The Ottinger Firm is proposed counsel for members of the class.
The case is "Elmaria Martinez, et al., v. Forest Laboratories, Inc., et al.," Civil Action No. 10 cv 6032 (WHP) in the U.S. District Court, Southern District of New York.
The defendants are New York-based Forest Laboratories, Inc. and subsidiary Forest Pharmaceuticals, Inc. The named plaintiff, Ms. Martinez, was employed by the defendants between 2002 and 2011.
Attorney Robert W. Ottinger said, "This is a notable victory for Ms. Martinez and the Forest Labs pharmaceutical sales representatives covered by this class action. We believe the strength of this case and recent appellate court rulings confirm the overtime eligibility for these pharmaceutical sales representatives under the FLSA. We are pleased the Court conditionally certified this class action and look forward to moving forward with the case."
The Court determined that Ms. Martinez and the putative class were similarly situated in light of their common classification as exempt from overtime under the FLSA, because they shared common job descriptions and because they were subject to common employment policies, Mr. Ottinger said.
Attorney Contacts: Robert W. Ottinger and Christopher Q. Davis, The Ottinger Firm, P.C., New York, 212.571.2000, www.ottingerlaw.com.
|SOURCE The Ottinger Firm, P.C.|
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