Department Of Labor Weighs In On Behalf of Employees
Our Comment:
In a stunning filing yesterday, the Obama Administration has weighed in the pharma debate.
The Federal Department of Labor filed an amicus brief (friend of the court) declaring that in their analysis of the legal issues, pharmaceutical reps are not exempt under the outside sales exemption because …,THEY DON’T SELL. Also, as to the administrative exemption they are also non-exempt because they DO NOT have independent discretion and/or judgment in matters of significance. novartis09-0437laboramicusbrief
This seemed straight forward and rationale. Unfortunately, many District courts on both coasts attempted to reconcile the statutes and regulations through a results oriented approach to the litigation and ruled in favor of the companies.
We believe this is the beginning of the end for BIG PHARMA on these cases. We now feel very confident that the 2nd Circuit will reverse the New York District Court’s ruling in Novartis and that other cases will follow suit and declare reps are entitled to overtime.
It may be in your best interest to immediately contact us so that we may preserve your statute of limitations and protect your importantrights. Federal Law only provides a 2, if wilful 3 years statute of limitations. In other words if a lawsuit were filed today it could only reach back until October 14, 2006. Some limitations periods in some states and companies have been tolled based on our fillings. Many have not.
