U.S. High Court Hears Arguments In Appeal Over FLSA, Verbal Complaints

WASHINGTON, D.C. - (Mealey's) Both written and verbal complaints are allowed under the Fair Labor Standards Act (FLSA), the attorney representing a former plastics company employee argued before the U.S. Supreme Court on Oct. 13 ( Kevin Kasten v. Saint-Gobain Performance Plastics Corporation , No...

U.S. Supreme Court: Labor Complaints May Be Filed Orally

WASHINGTON, D.C. - (Mealey's) The Fair Labor Standards Act's (FLSA) anti-retaliation provision applies to complaints that are filed orally and written, the U.S. Supreme Court majority ruled March 22 ( Kevin Kasten v. Saint-Gobain Performance Plastics Corporation , No. 09-834, U.S. Sup.). ...

U.S. Supreme Court Hears Arguments On Overtime For Pharmaceutical Reps

WASHINGTON, D.C. - (Mealey's) Pharmaceutical sales representatives, or "detailers," "tout" drugs to doctors but do not actually engage in sales as defined in the Fair Labor Standards Act (FLSA) and thus are entitled to overtime pay, an attorney representing a class of sales representatives...

Split U.S. Supreme Court Says Pharmaceutical Sales Reps Are 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 June 18, rejecting the DOL's interpretation...

Pharma Sales Reps Not Entitled To Overtime, Supreme Court Rules

On June 18, 2012, in an opinion written by Justice Samuel Alito for a 5-4 majority, the U.S. Supreme Court held that pharmaceutical sales representatives are not entitled to overtime pay. The question before the Court was whether or not the sales reps were employed "in the capacity as outside salesmen"...

High Court Considers Whether Offer Of Judgment Moots Collective Action

WASHINGTON, D.C. - (Mealey's) An employer's offer of judgment in an amount representing alleged unpaid wages plus attorney fees, costs and expenses under Federal Rule of Civil Procedure 68 to an employee who brought a collective action under the Fair Labor Standards Act (FLSA) moots the collective...

Supreme Court To Hear FLSA Lawsuit Over What Constitutes 'Changing Clothes'

WASHINGTON, D.C.-(Mealey's) The U.S. Supreme Court on Feb. 19 agreed to hear the appeal of a class lawsuit over what constitutes "changing clothes" under Section 203(o) of the Fair Labor Standards Act ( Clifton Sandifer, et al. v. United States Steel Corporation , No. 12-417, U.S. Sup....

U.S. Supreme Court: Time Spent Donning, Doffing Gear Is Not Compensable

WASHINGTON, D.C. — (Mealey’s) The time workers at United States Steel Corp. spend donning and doffing protective gear is not compensable under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled Jan. 27 ( Clifton Sandifer, et al. v. United States Steel Corporation , No. 12-417...