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The Fair Labor Standards Act (“FLSA”) requires employers to provide overtime compensation to non-exempt employees who work more than 40 hours a week. Under the FLSA, a single individual can be considered to be the employee of more than one employer. When such a joint employment situation exists, both employers are required to comply with… Read more »
On June 18, 2012, the United States Supreme Court issued its long-awaited decision in Christopher v. Smithkline Beecham Corp., –S.Ct.–, 2012 WL 2196779 (June 18, 2012), and held that the pharmaceutical sales representatives, also known as “detailers,” qualify as “outside salesmen” under the Fair Labor Standards Act (“FLSA”), and thus, they are not entitled to overtime… Read more »
In CSX v. Smith, the West Virginia Supreme Court affirmed a seven figure verdict in a sexual harassment hostile work environment and retaliatory discharge case. Plaintiff, Smith, claimed that a co-worker, Knick, made disparaging comments regarding her sexual orientation. Mr. Knick was disciplined and removed from management, but was not fired. After his demotion, he was transferred… Read more »
Recently, the EEOC issued an updated Enforcement Guidance on Employer Use of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964. This new Guidance places a heavy burden on employers who wish to continue to use prior criminal information in employment decisions. The EEOC will analyze whether… Read more »
Many employers routinely include arbitration provisions in their employment contracts or employee handbooks. Should your organization have one? If so, how can its provisions be made enforceable? It will only be enforceable if the language is carefully and appropriately drafted. In Quilloin v. Tenet Healthsystem Philadelphia, Inc., the Third Circuit continued to clarify the circumstances under… Read more »
According to the U.S. Census Bureau, between 1980 and 2007, the number of Americans who speak languages other than English at home grew by 140 percent. Correspondingly, there has also been an increase in non-English speaking workers in the U.S. labor force. Linguistic diversity can present both opportunities and challenges for employers. Over 30 states… Read more »
The United States Equal Employment Opportunity Commission recently announced that retaliation charges accounted for the highest overall percentage of private sector complaints in fiscal year 2011. Employers, therefore, must be on the lookout for those “magic words” spoken by an employee that may qualify as a protected activity triggering a subsequent claim of retaliation. An… Read more »
In a major decision regarding how the Americans with Disabilities Act (“ADA”) applies to religious employers, the United States Supreme Court has unanimously recognized a “ministerial exception,” grounded in the First Amendment. The Court’s decision bars employment discrimination claims brought pursuant to the ADA by ministers against the religious institutions that employ them. The exception,… Read more »
Employees often request to take leave for reasons that, at first blush, may appear to qualify under the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601-2654 (“FMLA”). Closer scrutiny, however, often reveals that the reason for the requested does not qualify for leave under the FMLA. One such example pertains to employees… Read more »