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:11/27/2015)... -- --> --> ... potential to save costs, improve treatment quality and accelerate ... exploited as yet. Here, particular emphasis is placed on ... tablet or directly at the patients, bedside. ... -->      (Photo: ) ...
(Date:11/27/2015)... -- Research and Markets ( ) has announced ... 2015-2019" report to their offering. ... the author the present scenario and growth prospects of ... the market size, the report considers revenue generated from ... and copper IUDs. The report forecasts the global intrauterine ...
(Date:11/26/2015)... 26, 2015 Un nuevo enfoque ... para el cáncer avanzado.   --> ... fotodinámica de Bremachlorin para el cáncer avanzado.   ... inmunoterapia con la terapia fotodinámica de Bremachlorin para el ... . --> Clinical Cancer Research . ...
Breaking Medicine Technology:
(Date:11/27/2015)... ... November 27, 2015 , ... A simply groundbreaking television series, "Voices in ... that delves into an array of issues that are presently affecting Americans. Dedicated to ... dialogue, this show is changing the subjects consumers focus on, one episode at a ...
(Date:11/27/2015)... ... November 27, 2015 , ... The men ... prominent nonprofit healthcare organizations in the country. They have overseen financial turnarounds, shown ... helped advance the healthcare industry as a whole through their advocacy and professional ...
(Date:11/26/2015)... ... November 26, 2015 , ... Patients ... central Michigan, have come together on Thanksgiving Day to share the things that ... viewing on the Serenity Point YouTube channel, patients displayed what they wrote on ...
(Date:11/26/2015)... , ... November 26, 2015 , ... ... workshops to discuss bioavailability and the need to integrate dose form selection in ... collaboration with OBN, the membership organization supporting and bringing together the UK’s emerging ...
(Date:11/26/2015)... ... November 26, 2015 , ... ... retro-fused, self-animating trailer titles with ProTrailer: Vintage. This newly styled ProTrailer pack comes ... titles work with any font, giving users limitless opportunities to stylize and create ...
Breaking Medicine News(10 mins):