Navigation Links
UPDATE: Total Victory for Schering-Plough (Now Merck) Pharmaceutical Reps in National Suit for Overtime Pay

NEW YORK, Aug. 9, 2011 /PRNewswire/ -- Merck's Schering-Plough unit current and former pharmaceutical representatives won a complete victory late Friday night in an opinion issued by a Federal Court in Connecticut. Kuzinski v. Schering Corporation, 3:07cv233 (August 5, 2011)

The law firms of Joseph, Herzfeld, Hester & Kirschenbaum, Kingsley & Kingsley and attorney Michael Dichiara represent the plaintiffs in a Nationwide Collective Law Suit.  The suit charged that plaintiffs often worked in excess of 40 hours per 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 Schering 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. 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, as have federal 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 pharmaceutical reps are owed a lot of money for the often extraordinarily long hours they worked with no additional compensation," Joseph said. "This is justice achieved. The law in the Second Circuit (covering New York, Connecticut and Vermont) is clear, and we expect the same result in the class action overtime claims we have filed here against other drug companies."

For more information and a copy of the decision, 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.

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

Related medicine technology :

1. UPDATE: FDA Approves New Drug to Treat Chronic Obstructive Pulmonary Disease
2. Update: Clinical Trial Establishes Catheter-based Aortic Valve Replacement As New Standard of Care for Patients Who Cannot Undergo Surgery
3. UPDATE: China PharmaHub Corp. Introduces a Magic Bullet Liver Cancer Therapy to China, Hong Kong, Taiwan, Macau, Singapore, Malaysia, and Bangladesh
4. Update: International HIV/AIDS Partnership Wins Two Awards for Supply Chain Excellence
5. UPDATE: FDA Issues 22 Warning Letters to Web site Operators
6. UPDATE: US Oncology Research Network Participates in Phase III Follow-up Study to BiPars Investigational Cancer Drug BSI-201
7. ELADUR(TM) Development Update: DURECT Receives Orphan Drug Designation for Bupivacaine for Post-Herpetic Neuralgia
8. UPDATE: Infant Primates Given Vaccines on U.S. Childrens Immunization Schedule Develop Behavioral Symptoms of Autism
9. UPDATE: Nebivolol Lowers Blood Pressure in African Americans With Stage I-II Hypertension as Demonstrated in a Study Published in the Journal of Clinical Hypertension
10. UPDATE: New Report by Pediatricians Finds Gaps in Preparing to Protect Kids From Pandemic Flu, Offers Recommendations
11. UPDATE: Nile Therapeutics Announces Positive Phase 1a Results of CD-NP, a Selective NPR-B Agonist in Clinical Development for the Treatment of Heart Failure
Post Your Comments:
(Date:11/26/2015)... , November 26, 2015 ... of the "2016 Future Horizons and ... Abuse Testing Market: Supplier Shares, Country Segment ... to their offering. --> ... "2016 Future Horizons and Growth Strategies ...
(Date:11/26/2015)... , November 26, 2015 /PRNewswire/ ... announced the addition of the  "2016 ... the European Therapeutic Drug Monitoring (TDM) ... Competitive Intelligence, Emerging Opportunities"  report to ... ) has announced the addition of ...
(Date:11/26/2015)... , Nov. 26, 2015 Research ... addition of the "2016 Future Horizons and ... (TDM) Market: Supplier Shares, Country Segment Forecasts, Competitive ... --> --> ... analysis of the Italian therapeutic drug monitoring market, ...
Breaking Medicine Technology:
(Date:11/27/2015)... Los Angeles, CA (PRWEB) , ... November 27, 2015 , ... ... the Commission on Accreditation of Allied Health Education Programs (CAAHEP) awarded accreditation to its ... exclusive list of CAAHEP accredited colleges, as only one of twelve colleges and universities ...
(Date:11/27/2015)... ... November 27, 2015 , ... Dr. Thomas Dunlap ... Inc. and Dr. Tucker Bierbaum with Emergency Medicine at St., Joseph Health ... both STEMI and Sepsis conditions present in similar ways and require time-critical intervention to ...
(Date:11/27/2015)... ... November 27, 2015 , ... Indosoft Inc., developer ... incorporation of Asterisk 11 LTS (Long Term Support) into its Q-Suite 5.10 product ... Q-Suite 5.10 up-to-date with a version of Asterisk that will receive not only ...
(Date:11/26/2015)... ... 26, 2015 , ... Inevitably when people think Thanksgiving, they also think Holiday ... the Black Friday and Cyber Monday massage chair sales to receive the ... and low to find the best massage chair deals, they can see all of ...
(Date:11/26/2015)... ... November 26, 2015 , ... Somu Sivaramakrishnan announced today that ... Somu now offers travelers, value and care based Travel Services, including exclusive pricing ... well as, cabin upgrades and special amenities such as, shore excursions, discounted fares, ...
Breaking Medicine News(10 mins):