Smith v. Johnson & Johnson, Nos. 09-1223 and 09-1292 (3d Cir., February 2, 2010) – 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), and her testimony that 95 percent of the time she was unsupervised. The court did not address whether the outside sales exemption was applicable in this case.
Under the president’s new budget, certain federal contractors would not be required to submit a VETS-4212 report in the year following receipt of a HIRE Vets Medallion Award.
Felony Conviction Renders Employee Unqualified, Discrimination Claims Dismissed, New Jersey District Court Rules
In Saunders v. Apothaker Associates, Inc., a Muslim applicant was offered a position as a debt collector, contingent upon his criminal background check. Civ. No. 10-3170 (D.N.J. Apr. 17, 2012). Two days after the plaintiff started working, he was terminated when the background check arrived, revealing a felony retail theft conviction and a failure to
On November 8, 2016, voters in several states passed medical or recreational marijuana measures each of which will likely impact employers. As this area of law is developing quickly, and since the Trump administration’s position on marijuana is unclear, employers may want to consider the impact of these new laws as well as watch for new developments.