As previously discussed in this blog, the Fair Labor Standards Act (FLSA) requires employers to pay their workers “time and a half” or 1.5 times their normal hourly wage for each hour they work over 8 hours per day or 40 hours per week. However, certain employees are exempt from this requirement. The FLSA considers anyone earning a salary $23,600 and above to be exempt and it also takes into account the employee’s job description. Anyone working in an “executive”, “administrative”, or “professional” position are also exempt from this requirement. These duties include managing employees or doing office work related to general business management.
A class and collective action complaint has been filed in the U.S. District Court for the Southern District of New York against Novo Nordisk, Inc., a Danish pharmaceuticals company. Two plaintiffs and a class of sales representatives (“reps”) currently or formerly employed by Novo, are demanding $70 million in overtime pay and allege that Novo willfully misclassified its reps as exempt salaried workers when, in fact, they should have been eligible for overtime.
The two plaintiffs are New Jersey resident McKenzie Stepe and Texas resident Karen Woolen. The two pharmaceutical sales reps were allegedly required to work more than 40 hours a week by the company, but allegedly were never paid the overtime compensation required by the FLSA. Two classes of employees are defined in the complaint: An FLSA class which includes all Novo Nordisk sales reps employed in any state or territory in the U.S. from March 2009 until the present, and a New York State law class which includes all sales reps who worked for the company in New York for at least one day from March 2006 to the present and who do not opt out of the action.
The attorneys at Chicago Overtime Law Center have decades of experience litigating wage and hour cases, including overtime, vacation pay, meal breaks, and tips. The Chicago Overtime Law Center has offices conveniently located in Oakbrook Terrace and Chicago, Illinois. If you live in Illinois and have a wage and hour dispute, contact an Urbana overtime attorney today at 312-869-4095 or fill out our online contact form.