Press Release: ‘New Lawsuit Filed Against Sanofi –Aventis U.S. for Failure to Pay Pharmaceutical Reps Overtime’
Kingsley & Kingsley, APC and Joseph & Herzfeld LLP Announce New Lawsuit Filed Against Sanofi –Aventis U.S. for Failure to Pay Pharmaceutical Reps Overtime
Ten Major Drug Companies Now Face Class Action Suits for Violating Federal and State Labor Laws
SAN FRANCISCO–(BUSINESS WIRE)–The pharmaceutical giant Sanofi-Aventis U.S. is the latest target of a series of lawsuits brought by employees that allege violation of state and federal overtime laws by drug companies.
The suit, filed today in federal court in San Francisco, charges that the company – like others in the industry – unlawfully characterizes pharmaceutical representatives as “exempt” under the Fair Labor Standards Act and various state labor laws in order to deprive them of overtime pay.
The complaint against Sanofi-Aventis along with earlier cases filed in recent weeks – against AstraZeneca, Pfizer, Johnson & Johnson, Amgen, Eli Lilly, Hoffman LaRoche, GlaxoSmithKline, Bayer, and Boehringer-Ingelheim – are being litigated by the Los Angeles based-firm of Kingsley & Kingsley, APC and the New York firm of Joseph and Herzfeld LLP. The plaintiffs’ lawyers have now been joined by the law firm of Spiro, Moss in Los Angeles.
“We will seek to prove that thousands of employees from the major drug companies are being denied their overtime pay,” charged Eric Kingsley of Kingsley & Kingsley. “They work very long hours, 55-60 hours a week and often well more than that.”
“Many employees in all industries are under the mistaken impression that being salaried means that they are not protected under the overtime laws. This is not correct,” explained Charles Joseph of Joseph & Herzfeld. “Our lawsuits allege that, although the drug companies deprived representatives of overtime by classifying them as exempt, they are in fact not exempt under federal and state laws. The companies have claimed that the representatives are ‘salespersons’ and therefore not protected by the overtime laws, but drug reps’ work is promotional – they actually don’t sell anything. ”
The law firms have set up a website: www.pharmarepovertime.com and a toll-free number: 888-500-8469 for current and former pharmaceutical company employees who are interested in joining the lawsuits.
“Since the first lawsuits were filed, hundreds of pharmaceutical reps from all over the country have contacted us,” said Kingsley. “Over and over we hear similar stories about the reps being forced to work nights and weekends on a regular basis, and the companies’ failure to pay overtime.”
Plaintiffs who call the hotline describe how their jobs have changed dramatically over the years. In the past, the representatives had the freedom to use their own educated judgment and creativity in marketing the drugs. In the last several years, perhaps because of lawsuits over drug marketing and increasing FDA scrutiny, companies have insisted that the representatives use carefully memorized scripts or stick to regimented guidelines as to what they may and may not say. “The complete loss of autonomy in making decisions and scheduling their working and family life is a great source of frustration” said Kingsley. “Many reps feel that what was once a desirable job has turned into rote performance under intense scrutiny at the virtually total beck and call of their management, a requirement sometimes exercised capriciously without time even to reschedule child care.”
The multibillion dollar drug companies operate in all fifty states and employ more than half a million workers; the proposed classes in the combined lawsuits include tens of thousands of pharmaceutical representatives throughout the United States.
The plaintiffs are asking federal and state courts in New York, New Jersey, Connecticut and California to order the drug companies to provide overtime pay to eligible employees as well as compensation and damages to current and former employees who were denied overtime.
Further Information
Members of the media can obtain copies of the complaints by going to the website: www.pharmarepovertime.com.
Current and former pharmaceutical company representatives who wish to learn more about the lawsuits or to join the lawsuits should visit www.pharmarepovertime.com or call (888) 500-8469 (Kingsley & Kingsley in California) or (866) 348-7394 (Joseph & Herzfeld in New York) to contact plaintiffs’ attorneys.
