Covidien Can't Evacuate FLSA Collective Action: Judge

Law360, New York (July 29, 2011, 8:50 PM EDT) -- A Tennessee federal judge denied Covidien PLC's bid to shake an overtime pay collective action Friday, saying there was not yet enough information to determine whether the company should be considered a joint employer of the plaintiffs with Tyco Healthcare Group.

The plaintiffs, a putative class of pharmaceutical sales representatives and specialists employed by Covidien since Feb. 11, 2008, claimed the company had misclassified them as exempt under the Fair Labor Standards Act.

Covidien filed a motion for summary judgment April 29, arguing that the plaintiffs...
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