On June 27, 2013, a divided New York Court of Appeals held in Cunningham v. New York State Dept. of Labor, that the state can use GPS tracking to monitor its employees during working hours without a warrant. Read this alert for an analysis of this important decision for employers.
Supreme Court’s DOMA Decision Affects Employers’ Obligations Under the FMLA
In the recent decision in United States v. Windsor, the U.S. Supreme Court struck down the federal law that defined “marriage” as a legal union between one man and one woman as husband and wife, and “spouse” as a person of the opposite sex who is a husband or a wife. These definitions, codified
Seventh Circuit Holds Pharmaceutical Sales Reps Administratively Exempt – Broadly Interprets Discretion And Independent Judgment
Applying a broad interpretation to the Administrative exemption under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 213(a)(1), the United States Court of Appeals for the Seventh Circuit held, Tuesday, that pharmaceutical sales representatives (“PSRs”) are exempt from overtime. In Schaefer-LaRose v. Eli Lilly & Co., Nos. 10-39855, 11-1980, 11-2131, 2012 U.S. App. LEXIS 9300 (7th Cir. May 8, 2012), the Court resolved an intra-circuit split as to the exempt status of PSRs. The Court expressly declined to address the applicability of the Outside Sales exemption, having found that PSRs fall within the Administrative exemption, and noting that the Supreme Court is expected to rule shortly on this precise issue in Christopher v. SmithKline Beecham Corp., 635 F.3d 383 (9th Cir. 2011), cert. granted, 132 S.Ct. 760 (Nov. 28, 2011). In so ruling, the Seventh Circuit joined the Third Circuit (Smith v. Johnson & Johnson, 593 F.3d 280 (3rd Cir. 2010)) in finding PSRs Administratively exempt.