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Employment Law

Should pharma reps get OT? State Supreme Court to decide

06/26/2009

The 9th Circuit U.S. Court of Appeals has asked the California Supreme Court to rule on whether pharmaceutical sales representatives are exempt under the California Labor Code. Traditionally, they have been classified as exempt.

New bill seeks to cover second opinions under ERISA

06/26/2009

Rep. Susan Davis (D-Calif.) recently introduced a bill in the U.S. House of Representatives that would add mandatory coverage for second opinions on medical treatments under several laws, including ERISA.

Are you ill prepared? 13 steps to stay ahead of the H1N1 virus

06/26/2009

In the wake of April’s worldwide H1N1 virus pandemic scare, now is the time to make sure your organization has an effective pandemic plan in place. Although this spring’s immediate threat seems to have abated, public health officials warn that the virus could re-emerge in the fall. There are 13 steps you can take to deal with H1N1:

After cutting staff, can we require remaining employees to work overtime?

06/26/2009

Q. We recently downsized our department. As a result, the additional workload has shifted to the employees who still have jobs. Can we force those employees to work overtime?

Can we implement an anti-nepotism policy?

06/26/2009

Q. To prevent productivity and morale problems, we would like to adopt a policy stating the company will not hire the spouses of current employees. Would this be lawful?

Must we pay employees after an emergency forced us to close the office for a day?

06/26/2009

Q. We closed our offices for a day because of a phoned-in bomb threat, and we sent all our employees home. Do we need to pay them for showing up to work that day?

Don’t throw the book at fired employee–one good reason will suffice in court

06/23/2009

The more reasons you can dream up to fire an employee, the better. Right? Think again. Firing someone for one obvious rule violation will stand up better in court than a laundry list of petty transgressions …

Supreme Court makes it harder for employees to win age-bias lawsuits

06/23/2009

In an important employer victory, the U.S. Supreme Court ruled in June that for employees to successfully bring Age Discrimination in Employment Act (ADEA) lawsuits, they must now show that age discrimination was the cause—not just one of several possible contributing factors—of their termination or other adverse job action.

Minimum wage rising to $7.25; Obama calls for $9.50 by 2011

06/22/2009

Two years ago, Congress passed a three-step boost in the federal minimum wage. On July 24, the last of those increases takes effect, rising another 70 cents to $7.25 per hour. President Obama has advocated increasing the federal wage floor to $9.50 per hour by 2011.

Are Facebook postings private? Bosses and workers disagree

06/22/2009

Managers and employees have opposing views of privacy when it comes to employees’ off-duty postings on social networking sites, such as Twitter and Facebook. In a recent Deloitte survey, 60% of executives said they have a right to know how employees portray their companies online, but 53% of workers said their off-duty posts are none of their employers’ business.