Search for: "In Re: Novartis Wage and Hour Litigation"
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2 May 2011, 7:00 am
In 2010, the Second Circuit Court of Appeals made such a finding in a case called In Re Novartis Wage and Hour Litigation, and upon an attempted appeal by Novartis, the U.S. [read post]
7 Jul 2010, 5:40 am
In In re Novartis Wage & Hour Litigation [pdf], the court was faced with the claims of approximately 2,500 Novartis reps who claim they are owed back overtime. [read post]
25 Apr 2012, 3:25 pm
" The Ninth Circuit Court of Appeal's decision in this case is in conflict with a contrary decision of the Second Circuit Court of Appeals in In re Novartis Wage And Hour Litigation (2d Cir. 2010) 611 F.3d 141 holding the FLSA outside salespersons exemption does not apply to PSRs, which we suspect is one of the reasons the US Supreme Court granted the plaintiff's petition for certiorari of the Ninth Circuit Court of Appeal's… [read post]
16 Apr 2012, 2:15 pm
The Issues: The Court is considering an intercircuit application conflict between two United States Courts of Appeals: Christopher in the Ninth Circuit and In Re Novartis Wage and Hour Litigation in the Second Circuit, described previously. [read post]
10 Aug 2011, 1:51 pm
Subsequently, the Second Circuit approved this analysis in In re Novartis Wage and Hour Litig., 611 F.3d 141, 150 (2d Cir. 2010). [read post]
5 Dec 2011, 8:59 am
Conversely, in In re Novartis Wage & Hour Litigation, the Second Circuit Court of Appeals concluded that the Novartis sales representatives did not meet the requirements of the Outside Sales exemption because they did not “make sales. [read post]
5 Dec 2011, 8:59 am
Conversely, in In re Novartis Wage & Hour Litigation, the Second Circuit Court of Appeals concluded that the Novartis sales representatives did not meet the requirements of the Outside Sales exemption because they did not “make sales. [read post]
21 Jun 2012, 8:43 am
After litigation commenced around the country against the pharmaceutical industry, the DOL filed an amicus brief in In re Novartis Wage & Hour Litigation. [read post]
28 Nov 2011, 11:42 am
Court of Appeals for the Second Circuit, in In re Novartis Wage & Hour Litigation, answered “yes,” deferring to the Department of Labor’s interpretation of its own regulations implementing the FLSA. [read post]
7 Sep 2012, 4:49 pm
” According to the amicus brief filed by the DOL in a similar case before the Second Circuit (In re Novartis Wage and Hour Litigation, 611 F.3d 141 (2d Cir. 2010)), “[a]n employee does not make a ‘sale’ for purposes of the ‘outside salesman’ exemption unless he actually transfers title to the property at issue. [read post]
14 Jun 2012, 3:47 pm
” Petitioners’ May 25 letter states that Schaefer-LaRose is in conflict with the Second Circuit’s decision in In Re Novartis Wage and Hour Litigation, which held that PSRs do not qualify for the Administrative Exemption. [read post]
12 Jul 2010, 6:06 am
In a ruling that will affect how countless pharmaceutical sales representatives will be compensated, the Court of Appeals has ruled that they are entitled to overtime pay for their relentless efforts to sweet-talk doctors into prescribing the little pills and drops that make us feel better, physically and mentally.The case is In re Novartis Wage and Hour Litigation, decided on July 6. [read post]
24 May 2012, 12:02 pm
For example, the Second Circuit Court of Appeals in In re Novartis Wage & Hour Litigation, concluded that Novartis sales representatives did not have enough independent discretion to qualify for the Administrative exemption. [read post]
24 May 2012, 1:02 pm
For example, the Second Circuit Court of Appeals in In re Novartis Wage & Hour Litigation, concluded that Novartis sales representatives did not have enough independent discretion to qualify for the Administrative exemption. [read post]
15 Feb 2011, 10:44 am
In re Novartis Wage & Hour Litig., 611 F.3d 141 (2d Cir. 2010), blogged here.After reviewing the outside sales exemption, the Court held that it owes "no deference to the Secretary's current interpretation of the regulations" (slip op. at 7) because the regulations themselves do nothing more than repeat the terms of the FLSA. [read post]
18 Jun 2012, 1:38 pm
In the back of the Court’s mind, of course, was January’s $99 million settlement by Novartis for overtime claims by its pharmaceutical sales representatives following the Second Circuit’s 2010 decision in In re Novartis Wage & Hour Litig., and similar pending cases against Johnson & Johnson, Merck Co. and Bristol-Myers Squibb. [read post]
9 Feb 2012, 3:39 am
We plan to have members of Seyfarth Shaw’s Wage & Hour Litigation Practice Group in attendance for the argument and will report on it immediately afterwards. [read post]
16 Mar 2011, 9:25 am
Sutherland v. [read post]
25 Feb 2011, 8:00 am
In re Novartis Wage & Hour Litigation, 611 F.3d 141 (2d Cir. 2010). [read post]
22 Jun 2012, 3:22 pm
” Brief for Secretary of Labor as Amicus Curiae in In re Novartis Wage and Hour Litigation, No. 09–0437 (CA2), p. 11. [read post]
