Caston v. Otsuka America Pharmaceutical, Inc., et al.
Case No. CACE-23-020381
CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
THIS WEBSITE IS TO INFORM YOU OF THE SETTLEMENT OF A COLLECTIVE ACTION LAWSUIT AGAINST OTSUKA AMERICA PHARMACEUTICAL.
THIS SETTLEMENT PERTAINS TO ANY OTSUKA EMPLOYEE WHO, AS A SALES REPRESENTATIVE (SR), ENGAGED IN TRAINING PROVIDED BY OTSUKA DURING THEIR INITIAL PERIOD OF EMPLOYMENT, AT ANY TIME BETWEEN JULY 27, 2020 THROUGH JULY 27, 2023
A former SR known as the “Plaintiff” has sued Otsuka in a lawsuit filed as a collective action under the Fair Labor Standards Act (“FLSA”) in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. The lawsuit is known as Caston v. Otsuka America Pharmaceutical, Inc., et al., Case No. CACE-23-020381. The lawsuit alleges that Otsuka, referred to the “Defendant,” misclassified SRs as overtime-wage exempt (i.e., salary-paid) employees while in training during the initial period of their employment and, during that time, failed to pay overtime compensation due to them when they worked in excess of 40 hours per week to complete training, including time spent reviewing training materials and studying for training exams and quizzes from home. Plaintiff alleges that Defendant therefore failed to pay Plaintiff and other SRs properly for all overtime hours they worked while in training.
Otsuka denies the allegations in the lawsuit and maintains that it at all times properly classified its SRs as exempt during training. The parties have entered into this settlement solely with the intention to avoid further disputes and litigation with the attendant inconvenience and expense. The Court has not made any ruling on the merits of the Plaintiff’s claims, and no party has prevailed in this action.
PLEASE READ THE NOTICE CAREFULLY OR REVIEW THE FREQUENTLY ASKED QUESTIONS AS YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT.
Deadline to Join: February 27, 2024
THIS SETTLEMENT PERTAINS TO ANY OTSUKA EMPLOYEE WHO, AS A SALES REPRESENTATIVE (SR), ENGAGED IN TRAINING PROVIDED BY OTSUKA DURING THEIR INITIAL PERIOD OF EMPLOYMENT, AT ANY TIME BETWEEN JULY 27, 2020 THROUGH JULY 27, 2023
A former SR known as the “Plaintiff” has sued Otsuka in a lawsuit filed as a collective action under the Fair Labor Standards Act (“FLSA”) in the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida. The lawsuit is known as Caston v. Otsuka America Pharmaceutical, Inc., et al., Case No. CACE-23-020381. The lawsuit alleges that Otsuka, referred to the “Defendant,” misclassified SRs as overtime-wage exempt (i.e., salary-paid) employees while in training during the initial period of their employment and, during that time, failed to pay overtime compensation due to them when they worked in excess of 40 hours per week to complete training, including time spent reviewing training materials and studying for training exams and quizzes from home. Plaintiff alleges that Defendant therefore failed to pay Plaintiff and other SRs properly for all overtime hours they worked while in training.
Otsuka denies the allegations in the lawsuit and maintains that it at all times properly classified its SRs as exempt during training. The parties have entered into this settlement solely with the intention to avoid further disputes and litigation with the attendant inconvenience and expense. The Court has not made any ruling on the merits of the Plaintiff’s claims, and no party has prevailed in this action.
PLEASE READ THE NOTICE CAREFULLY OR REVIEW THE FREQUENTLY ASKED QUESTIONS AS YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT.
Deadline to Join: February 27, 2024
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT | ||
|---|---|---|
| RETURN THE CONSENT FORM | By returning a properly completed Consent to Join and Release Form, you agree to participate in the settlement, receive a monetary settlement payment, and release your claims. | |
| DO NOT RETURN THE CONSENT FORM | If you do not wish to participate in, or be bound by, the settlement, you should not return the Consent to Join and Release Form. If you do not timely return a properly completed Consent to Join and Release Form, you will not participate in or be bound by the settlement and will not receive a monetary settlement payment. | |
