Jackson v. Alpharma, Inc., 2010 WL 2869530 (D.N.J., July 19, 2010) – In the first of two overtime cases decided in New Jersey in July, the federal district court determined that several former pharmaceutical sales representatives are “administrative” employees and thus exempt from the overtime pay requirements of the Fair Labor Standards Act (FLSA). The court held that the representatives perform non-manual work directly related to the general business operations of the employer (preparing business plans, detecting trends in the industry, and generating sales ideas) and exercise discretion and independent judgment on significant matters (marketing and promoting the products in a specific geographic area for which each is solely responsible.) The Jackson case adds to the split of authority on this issue around the country.
The Supreme Court of the United States kicked off its 2019-2010 term on October 7, 2019, with several noteworthy cases on its docket. This term, some of the issues before the Court will likely have great historical significance for the LGBTQ community. Among these controversies are whether the prohibition against discrimination because of sex under Title VII of the Civil Rights Act of 1964 encompasses discrimination because of sexual orientation. In addition, the Court is slated to consider Title VII’s protections of transgender individuals, if any. Here’s a rundown of the employment law related cases that Supreme Court watchers can expect this term.
Over the last couple of weeks, much of the media in Washington, D.C., has turned its attention to the new director of the Office of Management and Budget (OMB), former South Carolina congressman Mick Mulvaney. This is because Mulvaney is in charge of advancing the administration’s first federal budget proposal, as well as coordinating Republicans’ efforts to dismantle the Affordable Care Act (ACA).
During the upcoming holiday season, many companies—especially those with retail operations—will be looking to expand their available workforce by hiring seasonal workers. Unfortunately, many of these temporary workers will be hired without much scrutiny. Although this approach is understandable given the frenzied pace of the holiday season, it is a…..