This Day On The Street
Continue to site
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here

Bristol-Myers Squibb Sued For Denying Employees Overtime Pay

NEW YORK, Nov. 18, 2010 /PRNewswire/ -- Former pharmaceutical representative Jeffrey Bethune today filed a lawsuit in federal court in Manhattan against Bristol-Myers Squibb Company (BMS), charging the giant drug corporation with illegally denying him compensation for overtime hours. The law firm of Joseph, Herzfeld, Hester & Kirschenbaum LLP represents Bethune.  The suit charges that he often worked in excess of 40 hours a week but received an annual salary without overtime pay. The federal class action was filed on behalf of Bethune and all other pharma reps who worked for BMS during the last three years, anywhere in the United States.

The federal Fair Labor Standards Act requires that employees must be paid time-and-a-half overtime when they work more than 40 hours in a week, unless they are specifically exempt.

Attorney Charles Joseph, a partner with Joseph, Herzfeld Hester & Kirschenbaum LLP, stated, "The US Department of Labor recognizes that pharmaceutical reps are not exempt from overtime pay," adding that the department has filed friend of the court briefs in support of overtime compensation for pharma reps working more than 40 hours a week.

Joseph explained that the precedent for Bethune's claim was set in the U.S. Court of Appeals for the Second Circuit, which found earlier this year that Novartis pharma reps were entitled to overtime compensation on the same grounds alleged against BMS. The Second Circuit issued a similar ruling in a case brought by pharma reps against Schering Plough, as have district courts in Connecticut and Illinois in cases against Boehringer Ingelheim and Abbott.  

Bethune, who worked for the company in Oregon and Washington for almost two years, said, "This company has violated the labor law, and will continue to do so unless it is held accountable by the court.  That is why we have filed this lawsuit."

"Our view is that Mr. Bethune and other BMS pharmaceutical reps are owed a lot of money for the often extraordinarily long hours they work with no additional compensation," Joseph said. "This is a chance to achieve justice for BMS reps."

1 of 2

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Only $9.95
14-Days Free
Dividend Stock Advisor

David Peltier identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Real Money

More than 30 investing pros with skin in the game give you actionable insight and investment ideas.

Product Features:
  • Access to Jim Cramer's daily blog
  • Intraday commentary and news
  • Real-time trading forums
Only $49.95
14-Days Free
14-Days Free


Chart of I:DJI
DOW 17,798.49 -14.90 -0.08%
S&P 500 2,090.11 +1.24 0.06%
NASDAQ 5,127.5250 +11.3820 0.22%

Free Reports

Top Rated Stocks Top Rated Funds Top Rated ETFs