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.
On April 7, 2020, the California Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA) issued COVID-19 Safety and Health Guidance (in English and Spanish) for agricultural employers. The guidance is not a new legal obligation but rather a reminder that COVID-19 is a workplace hazard to be addressed by an Injury and Illness Prevention Program (IIPP).
Now that the Minnesota Supreme Court has settled the issue of applying the Minneapolis Sick and Safe Time (SST) ordinance to employers “with no physical presence in Minneapolis,” what does this mean for employers with employees who are working remotely in their homes within the city? It may mean that those employees are covered by the Minneapolis SST ordinance and possibly by other similar ordinances.
As we and just about everyone else have noted, Justice Kennedy, writing for a 7-to-1 majority of the Supreme Court of the United States, sent the hot potato Fisher case back to the Fifth Circuit Court of Appeals to “assess whether the University has offered sufficient evidence to prove that…..