Boehringer Sales Rep Not Exempt From OT, Judge Says

Law360, New York (July 13, 2011, 2:52 PM EDT) -- A Florida federal judge on Monday held that a named plaintiff in a putative class action on behalf of Boehringer Ingelheim Pharmaceuticals Inc.'s drug sales representatives had been misclassified as exempt from overtime pay.

Ruling on cross-motions for summary judgment, U.S. District Judge Ursula Ungaro found that the Fair Labor Standards Act's outside sales and administrative exemptions did not apply to former Boehringer pharmaceutical sales representative Graciela Palacios. The parties did not dispute that Palacios was not paid overtime, but disagreed on whether she was exempt....
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