LexisNexis® Legal Newsroom
U.S. High Court: Pharma Sales Reps Not Owed Overtime

WASHINGTON, D.C. - (Mealey's) A pharmaceutical sales representative, or detailer, falls under the U.S. Department of Labor's (DOL) definition of an "outside salesman" and is not owed overtime compensation, a split U.S. Supreme Court ruled on June 18, rejecting the DOL's interpretation...

Department of Labor Expands Wage and Hour Laws to Home Care Workers

Do you employ home health aides, personal care aides, or certified nursing assistants? Do you pay them less than the minimum wage, or less than time-and-a-half for any hours worked in excess of 40 in a week? If so, then you will need to make a big change to your pay practices beginning January 1, 2015...

A Call for the DOL to Fix What Is Wrong With Our Wage-and-Hour Laws

Last week, President Obama called upon the Secretary of Labor to “modernize and streamline the existing overtime regulations.” According to the President , the “regulations regarding exemptions from the Act’s overtime requirement, particularly for executive , administrative ,...

LinkedIn’s $6M FLSA Settlement Provides A Good Lesson To Employers

LinkedIn will pay nearly $6 million in back pay and liquidated damages to 359 current and former employees following a Department of Labor investigation, reports the DOL . The employees, reports Business Insider , are commissioned inside salespeople. Typically, inside salespeople are not exempt under...

Wage Deductions in West Virginia

by Joseph U. Leonoro Most West Virginia employers must comply with two wage and hour laws: the federal Fair Labor Standards Act (“FLSA”) and the West Virginia Wage Payment and Collection Act (“WPCA”). Both laws restrict the ability of employers to make deductions from employees’...

Class Certification Properly Denied to Sephora Workers Suing for Misclassification

On Feb. 26, a California Court of Appeal issued its published decision in Mies v. Sephora , holding that the trial court properly denied class certification in a case alleging certain store employees were misclassified as exempt executives and/or administrative employees. The Court of Appeal originally...

Must Management Justify Treating Exempt Employees As Non-Exempt?

by John E. Thompson For years, The Big Corporation has treated its Department Supervisors as meeting all of the requirements for the executive exemption from the federal Fair Labor Standards Act's minimum-wage and overtime requirements. However, TBC's CEO has now concluded that, for a variety...

FLSA Exemption Changes: Some Compensation Alternatives For Salaried Employees

by John E. Thompson No one knows when the U.S. Labor Department will eventually implement revised definitions of the federal Fair Labor Standards Act's Section 13(a)(1) exemptions (we have covered these developments earlier). But whenever this happens, the new regulations are likely to: ♦...