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The End or Just the Beginning? Exploring Federal Preemption of State and Distribution Laws

Written by Sample HubSpot User | Feb 1, 2009 5:53:00 AM

From coast to coast, the judiciary has been prescribing a much-needed remedy to some of the nation’s largest pharmaceutical companies that have been at odds with their sales representatives over the payment of overtime compensation. To date, lawsuits have been filed against major pharmaceutical companies in New York, New Jersey, Connecticut and California. The plaintiffs in these cases claim these companies violated the Federal Fair Labor Standards Act (FLSA), 29 U.S.C. 201, et. Seq. (2008) by failing to pay their sales representatives, or “sales reps,” overtime compensation. Plaintiffs claim that they are forced to work 50 to 60 hours a week, check and respond to emails at all times, return phone calls while on vacation, and, in exchange, are not receiving fair compensation for that tireless work.

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