MANHATTAN (CN) – The judge in a federal class action employment case has denied a request from a Bristol Meyers Squibb saleswoman who sought discovery of the names and addresses of other sales reps, whom she wants to notify.
Beth Amendola claimed the pharmaceutical company improperly classified her and other sales reps as exempt from overtime. She moved for discovery of the names and addresses of all of Bristol Meyers Squibb’s sales reps, authorization for notice of her class action to be sent to them, and equitable tolling of any claims they may file.
But U.S. District Judge Denise Cote denied the requests, finding “that the defendant’s PRs are not exempt from the FLSA’s overtime compensation provision under the exemption which applies to outside salespersons, but that they are likely subject to the exemption for administrative employees, [therefore] the plaintiff is not authorized to send notice to the defendant’s PRs. The request for equitable tolling is denied.”