Overtime Class Action Suit Update

[Anonymous]

Re: Schaefer-Larose et al v. Eli Lilly and Company

The case has been forwarded to the US 7th Circuit Court of Appeals in Chicago, (312) 435-5850. Appeals Case # 10-3855.

Court briefs are due to be filed by mid-May, 2011 and a final verdict may not be rendered until late 2011.

A verdict by the US 7th Circuit Court of Appeals could then be appealed to the US Supreme Court where similar cases are already being petitioned to be reviewed and heard. Various Circuit Courts of Appeal have rendered decisions that have come down on both sides of the issue: Are sales representatives except or non-exempt employees and do existing Federal labor laws re: overtime apply to representatives conducting Lilly luncheons, dinner programs, working weekend meetings and conventions etc..

Stay tuned...

 

[Anonymous]

Many other employees worked sometimes 24 hours a day to keep up with the changing and contradictory demands of management over the past several years, for Christ's sake! Why not make it all inclusive?

 

[Anonymous]

Good Luck.......

A ruling on Monday for a similar lawsuit vs GSK ruled against the reps. If it goes to the US Supreme Court you could be waiting.

Article from Pharmalot earlier this week.

"In the latest twist in the ongoing battle over sales reps and overtime pay, a federal appeals court yesterday (2/14/2011) ruled that two Glaxo reps are exempt from relevant provisions of the Fair Labor Standards Act and, therefore, should not be paid overtime.

The decision affirms a lower court ruling issued in November 2009 (and, significantly, contradicts a US Labor Department brief filed in this and other cases supporting overtime pay for sales reps. The latest decision suggests, once again, that the issue could eventually reach the US Supreme Court, since courts across the country have been so divided. Last summer, the US Court of Appeals for the Second Circuit ruled that Novartis reps are entitled to overtime."