Abbott prevails in putative nationwide collective FLSA action brought by pharmaceutical sales representatives

Client(s) Abbott Laboratories

Jones Day represented Abbott Laboratories in a putative nationwide collective action involving pharmaceutical sales representatives. On August 23, 2010, the court granted Abbott's motion for a judgment as to willfulness, asking the court to find as a matter of law that the plaintiffs in this nationwide collective action seeking overtime for pharmaceutical sales representatives may not recover damages beyond the FLSA's two-year limitations period. In granting the motion, the court found that the plaintiffs "cannot establish that Defendant 'knew or showed reckless disregard' of whether its exemption classification was prohibited by statute. Thus for the purposes of the upcoming damages trial, the statute of limitations must be restricted to a period of two years." As a result of this victory and several other recent motions, only 57 opt-in plaintiffs remain in the case.

Jirak v. Abbott Laboratories, Case No. 1:07-CV-3626 (N.D. Ill.)