Well, that didn’t take long! Within a few months after the Second Circuit ruled that pharmaceutical reps are entitled to overtime pay, a lawsuit has been launched against Lupin Pharmaceuticals.
Doreen Camp, a former pharmaceutical rep at Lupin Pharmaceuticals, Inc. has filed a lawsuit in Federal Court in Connecticut, seeking to represent all Lupin reps around the country.
She claims, consistent with the 2d Circuit’s decision, that she and other pharma reps were not actually exempt sales persons under the law since they never actually made a sale. Camp is represented by the Hayber, McKenna & Dinsmore, LLC in Hartford, Connecticut.
Lupin has recently filed a motion to transfer the case out of the 2nd Circuit, claiming that the case belongs in Maryland where the company is based. Not coincidentally, Maryland is in the more conservative 4th Circuit where it is more likely that Lupin will obtain a favorable ruling from the court.
For a more thorough discussion of these legal issues, see the recent article in the Connecticut Law Tribune by Attorney Margaret Ferron.