The overtime lawyers at Morgan and Morgan are pleased to announce that the U.S. District Court for the Southern District of Florida has granted summary judgment in favor of their client in Lopez-Lima v. Boehringer Ingelheim Pharmaceuticals, Inc. On July 11, 2011, Judge Ursula Ungaro found that Boehringer pharmaceutical sales representative Graciela Palacios, who was represented by Andrew Frisch of Morgan and Morgan’s Davie office, had been misclassified as exempt from overtime pay.
The judge found that the outside sales and administrative exemptions did not apply to the former Boehringer drug sales representative. According to the judge, the plaintiff was not exempt from
overtime pay under the outside sales exemption, as she did not have the ability to make a “sale” as defined by federal labor law. The plaintiff was unable to receive a binding commitment from doctors to prescribe a certain drug, unable to retain a purchase order and unable to exchange a drug in her possession for money, according to the judge.
The judge also ruled that the plaintiff did not meet the administrative exemption, which requires that the employee engage in work directly related to the company’s management and general business operations; exercise independent judgment and discretion in significant matters; receive more than $455 per week; and perform office or non-manual work. While the parties did not dispute the latter two requirements of this exemption, the plaintiff argued that she did not fit the administrative exemption, as she merely carried out the company’s day-to-day business affairs and performed well-established techniques and procedures which required no discretion or independent judgment with respect to significant matters.
Under the Fair Labor Standards Act, employees who do not meet an exemption are entitled to receive overtime pay when working more than 40 hours in a single workweek. When an employee is misclassified into an overtime exemption and thereby denied their right to time-and-a-half pay, they may have legal recourse to seek up to three years of unpaid overtime. If you have been misclassified or otherwise denied overtime pay at your job, visit
http://www.usovertimelawyers.com/ today to learn more about your legal rights and to receive a free consultation. The
overtime attorneys at Morgan and Morgan are providing this online consultation at no cost and remain dedicated to protecting the rights of workers who were wrongfully denied overtime wages.
About Morgan and Morgan
Morgan and Morgan is one of the largest personal injury law firms in the country with multiple office locations throughout Florida and the Southeast. The firm handles auto accident cases, personal injury cases, and medical malpractice cases, as well as claims against drug and medical device manufacturers. Visit Morgan and Morgan online at http://www.forthepeople.com/ for a free case evaluation and information about your legal rights.
