On February 28, 2011, the United States Supreme Court denied drug company Schering Corporation’s petition for a writ of certiorari, leaving in place the Second Circuit Court of Appeals decision in favor of a class of Schering employees who brought suit challenging Schering’s failure to pay them overtime, in violation of the federal Fair Labor Standards Act. Schering had contended that their pharmaceutical representatives fell outside the scope of the Act, a position rejected by the Second Circuit Court of Appeals.

ECBAWM attorney Matthew Brinckerhoff argued the case before the Second Circuit, and served as attorney of record in opposing Schering’s certiorari petition, along with co-counsel the DiChiara Law Firm and Kingsley & Kingsley. ECBAWM attorneys Matthew D. Brinckerhoff, Elizabeth S. Saylor, and Sam Shapiro also represent members in a similar collective action against Pfizer, Inc., which is currently pending in the Southern District of New York.