This Day On The Street
Continue to site right-arrow
ADVERTISEMENT
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
Stocks Under $10 with 50-100% upside potential - 14 days FREE!

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

Select the service that is right for you!

COMPARE ALL SERVICES
Action Alerts PLUS
Try it NOW

Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
  • Weekly roundups
TheStreet Quant Ratings
Try it NOW
Only $49.95/yr

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
  • Upgrade/downgrade alerts
Stocks Under $10
Try it NOW

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

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
  • Weekly roundups
Dividend Stock Advisor
Try it NOW

Jim Cramer's protege, 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
  • Alerts when market news affect the portfolio
  • Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
Real Money Pro
Try it NOW

All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.

Product Features:
  • Real Money + Doug Kass Plus 15 more Wall Street Pros
  • Intraday commentary & news
  • Ultra-actionable trading ideas
Options Profits
Try it NOW

Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • 100+ monthly options trading ideas
  • Actionable options commentary & news
  • Real-time trading community
  • Options TV
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!

Markets

DOW 17,778.15 +421.28 2.43%
S&P 500 2,061.23 +48.34 2.40%
NASDAQ 4,748.3960 +104.0840 2.24%

Brokerage Partners

Rates from Bankrate.com

  • Mortgage
  • Credit Cards
  • Auto

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs