For years, the outside sales exemption of the Part 541 white collar exemptions of the FLSA used to be the easiest one for an employer to demonstrate. For the exemption
Continue Reading Too Much Employer Control Over Outside Salespersons Undermines The Exemption: Should We Be Worried?This is an interesting case. A class action that was denied certification, appealed to the Second Circuit, which reversed because the lower court did not properly interpret the job description
Continue Reading Second Circuit’s Review of Position Description Determines Outcome in FLSA Outside Sales Class Action
The Fair Labor Standards Act is eighty years old this month and commentators strongly suggest that the law needs updating in many areas.
My colleague Tammy McCutchen stated that a
Continue Reading Happy Birthday FLSA: Eighty And (Maybe Not) Still Going Strong!
Now that the new DOL exemption rules have issued, commentators have had time to reflect on what these changes may mean for business. A few days ago, a House of
Continue Reading House Committee Hears Doomsday Predictions on Impact of New FLSA Rules
On January 24, 2012, the Southern District of New York preliminarily approved a settlement in In Re: Novartis Wage and Hour Litigation, which will pay pharmaceutical sales representatives (“Sales
Continue Reading Pharmaceutical Sales Representatives Get $99 Million In Overtime From Novartis
In early January, I posted an entry regarding the exempt status of pharmaceutical sales representatives. In the past several months, there have been several significant developments with respect to this
Continue Reading Further Confusion — The Split in Authority Regarding the Exempt Status of Pharmaceutical Sales Representatives