Scott McIntyre

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Court Applies Kentucky’s 15-Year Statute of Limitations for ERISA Class Action Claims To Recover Benefits Due Under Terms of Plan

At present, most employment class actions relate to wage and hour issues, but there are still many (and frequently hugely expensive) ERISA class actions challenging a host of benefits issues. A recent case underscores that the threat of ERISA class action litigation can be exacerbated by a very long statute of limitations. ERISA does not … Continue Reading

Putative Class of Pharmaceutical Representatives’ Offensive Collateral Estoppel Argument In Support of Overtime Claim Rejected by Pennsylvania Court

The question of the exempt status of pharmacy representatives has spawned numerous class and collective actions against the pharmaceutical industry. A recent case reflects the court’s rejection of a creative attempt to challenge the exempt status of a putative class of drug sales representatives. In Ibanez v. Abbott Laboratories.pdf, No. 09-1406, 2011 WL 5572621 (E.D. … Continue Reading

Ninth Circuit Solidifies Split of Authority on Drug Sales Representative Overtime Exemption

In a decision that emphasizes practicality over formalism, the Ninth Circuit recently held that pharmaceutical sales representatives (“PSRs”) are exempt from overtime pay.  In Christopher v. SmithKline Beecham Corp.pdf, __F.3d___, 2011 WL 489708 (9thCir. Feb. 14, 2011) the Court concluded that the “outside sales” exemption to the FLSA applies to PSRs, meaning that they are … Continue Reading

Picking off FLSA Plaintiffs

As we look forward to Spring Training, the Fourth Circuit recently analyzed what courts sometimes refer to as “picking off” collective action plaintiffs.   In Simmons v. United Mortgage Co.pdf., ___F.3d____No. 09-2147, 2011 WL 184356 (Jan. 21, 2011), the Court discussed the interplay of FLSA collective action procedure, Federal Rule of Civil Procedure 68 offers of … Continue Reading