Articles in Employment Law

SICK LEAVE, POT LAWS LEAVE EMPLOYERS FEELING QUEASY

Date: May 6th, 2013
Categories: Employment Law

Has the city of Seattle gone too far with its current safe/sick time law? If you own a business anywhere outside of Seattle, but have employees who spend a fair amount of time within the city, you probably think the answer is yes. Seattle requires … Read More »

CITY OF SEATTLE’S PROPOSED CRIMINAL BACKGROUND ORDINANCE

Date: April 30th, 2013
Categories: Employment Law

At some point in our lives we’ve all filled out job applications that ask whether we’ve ever been convicted of a crime.  To most of us, it seems quite normal that an employer would want to know whether an applicant has a criminal conviction in … Read More »

SEATTLE’S NEW PAID LEAVE LAW HITS SEPTEMBER 1, 2012—IS YOUR BUSINESS READY?

Date: July 9th, 2012
Categories: Employment Law

Earlier this year Seattle became the third city in the country to require employers to provide paid sick leave and “safe” leave. Though the new law will exempt employers with less than 4 full-time employees and businesses less than 2 years old, it is sure … Read More »

IS REQUIRING HIGH SCHOOL DIPLOMA DISCRIMINATION?

Date: January 17th, 2012
Categories: Employment Law

In a recent “informal discussion” letter from the Equal Employment Opportunity Commission (EEOC), the EEOC’s Legal Counsel advised an anonymous employer that requiring a job applicant to have a high school diploma could be considered an act of discrimination under the Americans with Disabilities Act … Read More »

PHARMACEUTICAL REPS EXEMPT FROM OVERTIME LAWS, SAYS 9TH CIRCUIT

Date: May 11th, 2011
Categories: Employment Law

The Ninth Circuit Court of Appeals has ruled that Pharmaceutical Sales Representatives (Reps) are within the “outside sales” exemption to the Fair Labor Standards Act (FLSA), and therefore not entitled to overtime pay. This decision marks a striking departure from the recent trend set by … Read More »

NOVARTIS DRUG REPS NOT EXEMPT FROM OVERTIME LAW, SAYS 2ND CIRCUIT

Date: August 5th, 2010
Categories: Employment Law

Earlier this year, I wrote an article discussing the storm brewing over the issue of whether outside sales representatives are entitled to overtime compensation under the federal Fair Labor Standards Act (FLSA). Lawsuits had been filed against some of the world’s largest pharmaceutical companies on … Read More »

US SUPREME COURT SIDES WITH EMPLOYER IN EMPLOYEE PRIVACY CASE

Date: July 22nd, 2010
Categories: Employment Law

Last month, I posted an article discussing a general trend in the courts recognizing greater privacy rights for employees using employer-provided technology, despite employers’ policies advising employees they had no reasonable expectation of privacy in communications made using employer-provided technology. One of the cases I discussed, … Read More »

ATTORNEY-CLIENT PRIVILEGE TRUMPS EMPLOYMENT POLICY, SAYS NJ SUPREME COURT

Date: June 1st, 2010
Categories: Employment Law

The New Jersey Supreme Court recently ruled that an employee has a reasonable expectation of privacy when emailing their attorney from an employer-issued computer. This is so, despite the employer’s computer use policy advising employees that they should not expect privacy on any employer-owned computer. … Read More »

DEFENDING AGE DISCRIMINATION CLAIMS MAY SOON GET TOUGHER

Date: April 1st, 2010
Categories: Employment Law

The Equal Employment Opportunity Commission (EEOC) has released a Proposed Rule intended to define one of the primary defenses used by employers facing claims of age discrimination under the federal Age Discrimination in Employment Act (ADEA). An employer can defend an age discrimination suit by … Read More »

OVERTIME CLASS ACTIONS AGAINST BIG PHARMA THREATEN ALL COMPANIES WITH OUTSIDE SALES REPS

Date: February 18th, 2010
Categories: Employment Law

A storm is brewing over the issue whether outside sales representatives are entitled to overtime compensation. In 2006, an outside sales rep employed by international pharmaceutical company Novartis AG filed a $225 million class action lawsuit in a federal court in New York. A similar … Read More »