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Investigation of Alleged Misclassification in the Pharmaceutical Industry
The Situation
Pharmaceutical companies were swamped recently with claims that they misclassified sales representatives as exempt from overtime pay requirements.
NERA's Role
NERA assisted in several state and federal matters with wide-ranging analyses- construction of class lists for state-wide claims by identifying employees with relevant job titles and territory assignments within the state; identification of highly compensated individuals; presentation of variability in sales reps’ call and sampling behavior; comparisons of named Plaintiffs to remaining putative class members; and estimation of the relationship between rep activities and sales achievement.
The Result
Some of these analyses resulted in expert witness testimony in opposition to class certification and defense of the exercise of discretion.