Navigation Links
Total Victory for Schering Plough Pharmaceutical Reps in National Suit for Overtime Pay

NEW YORK, Aug. 7, 2011 /PRNewswire/ -- Schering Plough pharmaceutical representatives won a complete victory in Federal Court in a Nationwide Collective Law Suit. The law firms of Joseph, Herzfeld, Hester & Kirschenbaum, Kingsley & Kingsley and attorney Michael Dichiara represent the plaintiffs.  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.

Attorney Charles Joseph, a partner with Joseph, Herzfeld, stated, "The US Department of Labor recognizes that pharmaceutical reps are not exempt from overtime pay," adding that the department has filed at least four friend of the court briefs in support of overtime compensation for pharma reps.

Joseph explained 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. But, said attorney Dichiara, 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 our clients filed the lawsuit.  Schering Plough pharmaceutical reps are owed a lot of money for the often extraordinarily long hours they work with no additional compensation," Joseph said. "This is justice achieved."

For more information, see or call toll free (866) 348-7394.

Joseph, Herzfeld, Hester & Kirschenbaum LLP is a New York City employment law firm dedicated to representing employees who are victims of discrimination, wage and hour violations, harassment or other illegal and unfair treatment in the workplace. It handles individual claims and class actions brought by employees throughout the United States.

For a copy of the decision and related information, please see

SOURCE Joseph, Herzfeld, Hester & Kirschenbaum LLP
Copyright©2010 PR Newswire.
All rights reserved

Related medicine technology :

1. BridgePoint Medical Announces US IDE Approval and First Patient Enrollment of Peripheral Chronic Total Occlusion Study
2. Fast Track Total Hip Replacement Surgery Is Effective and Safe
3. FDA Approves First Ceramic-on-Metal Total Hip Replacement System
4. BridgePoint Medical Announced 510(k) Clearance for an Expanded Indication to Treat Coronary Chronic Total Occlusions
5. Consumer Reports Finds Has Lowest Total Price for Lipitor, Nexium, Plavix, and Singulair
6. $2 Million Awarded to Duke University Prevention Epicenter to Study Reduction of Healthcare-Associated Infections Using Tru-D, Total Room Ultraviolet Disinfection
7. Texas Childrens Is First Pediatric Hospital To Begin Certification Process for SynCardias Total Artificial Heart
8. MonoSol Rx, LLC Announces Suboxone Sublingual Film Achieves 25% Share of Total U.S. Suboxone Market Volume at Year-End 2010
9. Boston Scientific Acquires Two Novel Technologies to Treat Peripheral Chronic Total Occlusions
10. Michigan Pre-Seed Capital Fund Reports Investments Totaling $2.5 Million in 2010
11. Jury Returns Verdict in VNUS Patent Infringement Lawsuit With Total Vein Systems and biolitec Finding Some Patent Claims Invalid and Some Infringed
Post Your Comments:
(Date:11/24/2015)...  NuShield, Inc., an industry leader in LCD screen protection and glare-elimination technology, is providing a ... of their patient monitoring or electronic documentation system. ... ... ... A study in 2013 by the National ...
(Date:11/24/2015)... 24, 2015 Abaxis, Inc. (NasdaqGS: ABAX ... consumables for the medical, research, and veterinary markets worldwide, ... Officer, will present at the 27 th Annual ... at 11:30 a.m. ET. The conference will be held ... New York City . Abaxis, Inc. ...
(Date:11/24/2015)... Nov. 24, 2015  Wellness Center USA , Inc. ... its flagship product, Psoria-Light® (PL 1000), to targeted dermatology markets in ... Minnesota , and North Carolina . This follows ... , Chicago , and New York ... Revenue for the earlier shipments reported on October 1, 2015 will ...
Breaking Medicine Technology:
(Date:11/24/2015)... New Port Richey, FL (PRWEB) , ... November 24, 2015 , ... ... what it deems a growing epidemic as deaths from prescription opioids in the United ... from heroin and cocaine. In 2013 alone, opioids were involved in 37 percent of ...
(Date:11/24/2015)... ... ... American Family Care (AFC), the nation’s leading provider of urgent care and accessible ... Atlanta’s North Point Mall. The clinic is designed to test the concept of addressing ... operate through Dec. 24. , Holiday Pop-Up Clinic , Official Opening November 27, 6 ...
(Date:11/24/2015)... CA (PRWEB) , ... November 24, 2015 , ... Cold Shoulder , LLC launched ... Kickstarter last week and hit their goal of $20,000 in under 10 hours. ... aims to bring the new PRO Weight Loss Vest to the market. , The PRO ...
(Date:11/24/2015)... ... November 24, 2015 , ... Sir ... customer service: the TrustDale certification. The award recognizes good companies for excellence in ... , tile and grout, and hard surface restoration company earned this recognition after ...
(Date:11/24/2015)... ... November 24, 2015 , ... Dr. Kevin Day, local family chiropractor in ... less this holiday season. During the Indiana winter months, Vitamin D deficiency can ... team at AlignLife want to help provide the tools needed to combat it this ...
Breaking Medicine News(10 mins):