Case: Wolfe v. A-Med Health Care, Inc. (Case No. 30-2010-00423004-CU-OE-CXC) [wage and hour]
Court: Superior Court of Orange County – Complex Division
Judge: David Velasquez; Ronald Bauer; and Steven Perk
Date: November 5, 2010
Recovery: Hogue & Belong obtained a settlement of $140,000 against A-Med Health Care.
Facts & Allegations:
A-Med Health Care is a Specialty Pharmacy. It employs approximately 300 employees. A-Med Health Care also employs 8-10 Territory Managers at any one time to promote the services A-Med’s pharmacy provides. A-Med classified the Territory Managers as “exempt” from the labor code.
The Territory Managers are assigned specific territories and visit various health care providers in those assigned territories to promote what A-Med offers in the hopes that these health care providers would start using and directing its patients to use A-Med’s services. The Territory Managers passed out pre-approved marketing materials, and would have little knick-knacks to pass out during these visits. Also, Territory Managers would attend certain patient events, such as Cystic Fibrosis Walks to promote A-Med’s services. The Territory Managers would pass out little sundries, like, for instance, water bottles with the A-Med logo on it.
Wolfe argued that the Territory Managers were “non-exempt” under the labor code and applicable wage statement. A-Med argued that they were exempt under the Outside Salesperson or the Administrative Exemption.
The Court certified the class action, and the case settled shortly thereafter.