Pharmaceutical Reps Qualify for FLSA "Outside Sales" Exemption
The United States Supreme Court ruled on June 18, 2012, that pharmaceutical representatives qualify as "outside sales" for purposes of the Fair Labor Standards Act. As "outside sales" employees, pharmaceutical reps are exrempt from the overtime provisions of the FLSA. Christopher v. SmithKline Beecham Corp.
Black UPS Employee Who Found Banana Peels On His Truck Has Triable Claims
The Eleventh Circuit Federal Court of Apppeals vacated and remanded a district court's grant of summary judgment to UPS on Reginald Jones's racially hostile work environment claims under Title VII of the 1964 Civil Rights Act and the Civil Rights Act of 1871 (42 U.S.C. § 1981). Mr. Jones, a black former UPS Ground Freight Inc. driver, alleged that he found banana peels on his truck, saw workers wearing Confederate apparel, and experienced a threatening confrontation with two white yardmen (Jones v. UPS Ground Freight, 11th Cir., No. 11-10416, 6/11/12).
Paycheck Fairness Act Falls in Senate
On June 5, 2012, the Senate rejected, on a 52-47 party-line vote, a motion to begin debate on legislation (S. 3220) seeking to ensure “equal pay for equal work” for female workers. Supporters had needed 60 votes to overcome a Republican filibuster and begin debate on the proposed Paycheck Fairness Act. The bill would amend the portion of the Fair Labor Standards Act known as the Equal Pay Act to add nonretaliation requirements, increase penalties against violators, and authorize the labor secretary to seek compensatory and punitive damages.
Judge Affirms SeaWorld OSHA Citations
On May 30, 2012, an administrative law judge upheld the Occupational Safety and Health Administration citations against SeaWorld of Florida LLC following the death of one of their trainers at in February 2010. SeaWorld contested the citations before the independent Occupational Safety and Health Review Commission, which held two weeks of hearings last year.
11th Circuit Rules That Pregnant Teacher Fired for Alleged ‘Sin'Has Title VII Claim
On May 16, 2012, the Eleventh Circuit Court of Appeals ruled that a teacher at a Florida Christian school who was fired four days after informing school officials of her pregnancy, conceived before marriage, can proceed to trial on her pregnancy discrimination claim under Title VII of the 1964 Civil Rights Act. (Hamilton v. Southland Christian Sch. Inc., 11th Cir., No. 11-13696, 5/16/12).
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