On December 6, the Senate Judiciary Committee voted 9-0 to advance a bill (S2405) that would remove the two-year statute of limitations for sexual abuse victims to sue abusers and their employers under certain circumstances. In particular, this bill removes the statute of limitations for actions brought by minors under N.J.S.A. 2A:61B-1, the “Child Sexual Abuse Act.” The bill also expands the category of individuals who would be liable for sexual abuse to include any person “with supervisory or disciplinary power of any nature or capacity over the victim.” Under this bill, any person with a position of authority over the plaintiff who commits sexual abuse or does nothing to stop known abuse will be liable for civil damages. In addition, the bill eliminates the statute of limitations for claims of negligent hiring, supervision or retention of an employee by a nonprofit organization which leads to a sexual offense against a minor.
Employers across the country are making difficult decisions due to the COVID-19 crisis. The economic downturn has affected current employees in a number of ways, including reduced pay, reduced work hours, furloughs, and even permanent reductions in force. To help keep their businesses afloat, employers also must make the difficult decision to withdraw job offers that have been extended to future employees, such as summer interns, coop students, and college graduates.
Third Circuit Holds Administrative Exemption Under FLSA Applicable to Pharmaceutical Sales Representatives
The Third Circuit Court of Appeals has held that a former pharmaceutical sales representative for Johnson & Johnson was exempt from overtime entitlements under the administrative exemption of the Fair Labor Standards Act (FLSA). In reaching its determination, the court focused on the plaintiff’s own testimony, which described the independent and managerial qualities of her position (e.g., the order and number of visits made to doctors was left to her discretion)
President Obama signed the Bipartisan Budget Act of 2015 into law yesterday. The deal was negotiated quickly to avoid a default on the nation’s debt. Perhaps as a result, it includes a surprise for those with an interest in occupational safety and health: penalties imposed by the Occupational Safety and Health Administration (OSHA) are increasing.