Express Scripts Defeats Manager’s Overtime Pay Collective Action

Express Scripts Inc. won’t face revived class and collective action claims of failure to pay overtime because the lead plaintiff is exempt from the requirement as a “highly compensated employee,” a federal appeals court ruled.

A federal trial court properly dismissed Diane Perez’s claims under the Fair Labor Standards Act and the New Jersey Wage and Hour Law
because she earned more than $100,000 per year doing non-manual work and regularly performed duties related to the company’s “general business operations,” the US Court of Appeals for the Third Circuit ruled in an unpublished opinion by Judge Patty Shwartz, affirming summary ...