Decision Against Novartis Has Implications Beyond Pharmaceutical Industry...
In a major decision with possible relevance outside of the pharmaceutical industry, the Second Circuit U.S. Court of Appeals (Connecticut, New York, and Vermont) gave strong deference to a U.S. Labor...
View ArticleSmithKline Beecham Wins On "Outside Salesman" Exemption
The Ninth Circuit U.S. Court of Appeals (Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington) has added another chapter in the saga of whether pharmaceutical sales...
View ArticleJob Descriptions Are Not "Exemption Descriptions"
Among the famous last words in the federal Fair Labor Standards Act Hall of Infamy are, "Let's write the job descriptions to make them exempt." The problem is this: Job descriptions do not "make"...
View ArticleBig Supreme Court Win For Pharmaceutical Industry
The U.S. Supreme Court ruled today that pharmaceutical sales representatives employed by GlaxoSmithKline were exempt from overtime pay under the federal Fair Labor Standards Act's "outside salesman"...
View ArticleNovember Target For Proposed Exemption Changes (Updated 11 25 14: Target Is...
As we reported previously, in March President Obama directed the U.S. Labor Department to "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's Section 13(a)(1)...
View ArticleFLSA Exemptions And "Overtime Rights"
We continue to follow developments relating to President Obama's directive that the U.S. Labor Department "modernize and streamline" its regulations governing the federal Fair Labor Standards Act's...
View ArticleInteresting Comments From U.S. Labor Solicitor Smith
Solicitor of Labor M. Patricia Smith spoke at a December continuing-legal-education conference in Atlanta. Her remarks in a couple of areas were especially interesting.Coming "White Collar" Exemption...
View ArticleProposed FLSA Exemption Changes Still In Limbo
Employers await with bated breath the release of the U.S. Labor Department's proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative,...
View ArticleMust Management Justify Treating Exempt Employees As Non-Exempt?
For years, The Big Corporation has treated its Department Supervisors as meeting all of the requirements for the executive exemption from the federal Fair Labor Standards Act's minimum-wage and...
View ArticleFLSA Exemption Revisions Sent To OMB (Updated 05 08 15: Proposals To Be Out...
U.S. Secretary of Labor Tom Perez has announced that proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional, outside-sales, and...
View ArticleExemption Proposals Apparently Still Under Review
It has been widely anticipated that the U.S. Labor Department's proposed new definitions for the federal Fair Labor Standards Act's Section 13(a)(1) executive, administrative, professional,...
View ArticleEvaluating The Impact Of USDOL's Salary Proposal
The U.S. Labor Department has of course proposed a substantial increase in the minimum salary amount required to meet the basic compensation criterion for an executive, administrative, professional,...
View ArticleBeware Offering "Examples" In Comments To USDOL
Comments on the U.S. Labor Department's proposed changes in regulations defining the federal Fair Labor Standards Act's Section 13(a)(1) exemptions are, for the moment, still due on Friday, September...
View ArticleExemption Comments Already Being Filed
Nearly 1,600 comments have already been posted in response to the U.S. Labor Department's proposals regarding the federal Fair Labor Standards Act's Section 13(a)(1) exemptions. Not surprisingly, there...
View ArticleEvaluating USDOL's Proposals: Avoid Dangerous Assumptions
Employers are of course continuing to evaluate the impact of the U.S. Labor Department's proposed increase in the minimum dollar amount for the federal Fair Labor Standards Act's Section 13(a)(1)...
View ArticleHouse Members Oppose Exemption Changes
Some members of the U.S. House of Representatives have written to Labor Secretary Labor Tom Perez to express concerns about the U.S. Labor Department's proposed revisions in its regulatory definitions...
View ArticleExemption Regulations Update: Probable July Release
Reports are that U.S. Solicitor of Labor M. Patricia Smith said again today that the U.S. Labor Department's revised regulatory definitions of the federal Fair Labor Standards Act's Section 13(a)(1)...
View ArticleFinal Exemption Regulations Sent To OIRA For Review
According to the federal Office of Information and Regulatory Affairs' website, the U.S. Labor Department has submitted for review the final revised regulatory definitions of the federal Fair Labor...
View ArticleBills Introduced To Stop FLSA Exemption Changes
Congressional Republicans have responded to the U.S. Labor Department's impending revisions of its much-discussed Fair Labor Standards Act Section 13(a)(1) exemption definitions by introducing...
View Article"The Online Exemption Checklist Says . . ."
Coming changes in at least some of the U.S. Labor Department's definitions for the federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemptions are leading employers to evaluate...
View ArticleReady For The Looming Exemption Changes?
The publication date for the U.S. Labor Department's revised federal Fair Labor Standards Act's Section 13(a)(1) "white collar" exemption definitions remains uncertain. But a growing consensus is that...
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