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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...

R. Scott Oswald Elected President Of MWELA

WASHINGTON, D.C. - R. Scott Oswald , managing principal of The Employment Law Group law firm, has been elected to serve as the 2011-2012 president of the Metropolitan Washington Employment Lawyers Association (MWELA). MWELA is the 300-lawyer Washington, D.C., metropolitan area affiliate of the National...

U.S. Supreme Court Makes It Easier To Sue Businesses

WASHINGTON, D.C. - (AP) The Supreme Court made it easier to haul businesses into court on Tuesday, ruling that investors can sue them for purposefully withholding damaging information about a product and that employees can sue them for retaliation without having to make a written complaint. The court...

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...

Supreme Court Rules Drug Company Sales Employees Are Not Entitled to Overtime Pay

In Christopher et al. v. SmithKline Beecham Corp., d/b/a Glasxosmithkline , 567 U.S. ___ (2012), No. 11-204, decided June 18, 2012, the U.S. Supreme Court, in a 5-4 decision, ruled that certain drug sales employees are to be treated as "outside salesmen" under the Fair Labor Standards Act ...

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...

Williams Mullen: Preparing for the Unexpected: The Affordable Care Act’s Whistleblower Provision

By Mary Pivec and Igor M. Babichenko On February 27, 2013, the Occupational Safety and Health Administration published its interim final rule setting forth the procedures for handling complaints brought under the whistleblower provision of the Affordable Care Act (“ACA”). This whistleblower...