Pennsylvania District Court Holds that Plaintiff was Exempt from Overtime Compensation Under the PMWA
In Baum v. Astrazeneca LP, the Western District of Pennsylvania held that the plaintiff was employed in a purely administrative capacity and thus exempt from overtime compensation. 372 Fed. Appx. 246 (W.D. Pa. 2010). Plaintiff, a former pharmaceutical sales representative for AstraZeneca, filed for unpaid overtime wages under the PMWA. Plaintiff worked as a pharmaceutical sales specialist assigned to promote and visit with surrounding physicians. During these visits, Plaintiff would provide meals, promote the newest products, and address other medical areas all in an attempt to sell AstraZenenca products. In total, Plaintiff regularly worked sixty to seventy hours a week, travelling, setting up the meals, and promoting these products. Plaintiff brought a claim under the PMWA for unpaid overtime compensation for the hours in excess of forty that she worked.
The PMWA provides an exemption from overtime compensation to an employee who is “employed in a bona fide administrative capacity.” This exemption requires the following: “(1) a salaried compensation is at least $250 per week, exclusive of board, lodging or other facilities; (2) the employee’s primary duty consists of the performance of office or nonmanual work directly related to the management policies or general operation of his/her employer or the customers of the employer; and (3) primary duty requires the exercise of discretion and independent judgment.”
The Court held that the Plaintiff satisfied all three factors of this administrative capacity test and therefore was exempt from overtime compensation. Plaintiff earned more than $250 a week, her primary duty was nonmanual work related to the general operation of AstraZenaca, and since she spent most of her workday unsupervised and had discretion in how she set up the promotions and events, the third prong was satisfied. Therefore, the Court held in favor of AstraZeneca and rejected Plaintiff’s claim for overtime compensation.
If you have been denied overtime wages, the experienced Philadelphia employment lawyers at the Law Office Of Sidkoff, Pincus & Green will fight to get you the compensation you deserve. To schedule a consultation, call us at 215-574-0600 or contact us online today. With offices conveniently located in Philadelphia, we serve clients throughout Southeastern Pennsylvania and South Jersey.