Covidien Sales Rep OT Suit Should Be Certified: Judge

Law360, New York (June 22, 2011, 9:33 PM EDT) -- Pharmaceutical sales representatives who allege Covidien Inc. misclassified them as exempt from overtime laws and failed to pay them properly should be able to bring their claims as a collective action, a magistrate judge in Tennessee said Monday.

U.S. Magistrate Judge Susan K. Lee recommended that a Tennessee federal court grant the plaintiffs' motion for conditional certification in part, suggesting the plaintiffs be required to submit a revised proposed notice to potential plaintiffs containing a due date for consent forms. The proposed class includes all U.S....
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