On June 18, 2012, the U.S. Supreme Court resolved a split among the U.S. Circuit Courts of Appeals, holding that pharmaceutical sales representatives are exempt outside sales employees under the Fair Labor Standards Act (“FLSA”). Thus, such employees are not entitled to overtime protection.Continue Reading Close Counts in Horseshoes, Hand Grenades and Sales: Supreme Court Holds Pharmaceutical Representatives Exempt Under FLSA
Department of Labor (DOL)
New Mandatory Posting Required for Distribution by New Jersey Employers
The NJ DOL has published the new mandatory notice that, by December 7, 2011, must be posted in a conspicuous location and distributed to all existing employees who work in New Jersey. In addition, ALL new employees hired in New Jersey on November 7, 2011 or after must be immediately provided with a copy of…
U.S. Department of Labor Issues Guidance on Requirement That Employers Provide Nursing Mothers With Breaks and Places To Express Breast Milk
This post was also written by Daniel J. Moore.
A little-noticed provision of the 2010 health care reform legislation requires employers to provide nursing mothers with “reasonable break time” to express breast milk for one year after a child’s birth. Section 4207 of the Patient Protection and Affordable Care Act (P.L. 111-148), 29 U.S.C.…
U.S. Department of Labor Says Mortgage Loan Officers Are Typically Non-Exempt
This post was also written by Robert M. Jaworski.
The United States Department of Labor (“DOL”), Wage and Hour Division, recently published an Administrator’s Interpretation that takes the position that mortgage loan officers with certain “typical” job duties are not subject to the administrative employee exemption of the Fair Labor Standards Act. The DOL…