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Dressing the part is not enough: 8th Circuit decides that changing into uniforms does not start the “continuous workday”

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • September 4 2013

Taking up a question the Supreme Court recently declined to consider, the Eighth Circuit on Friday addressed the types of activities that may start

Ninth Circuit hands pharmaceutical industry Valentine's Day gift

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • February 18 2011

On February 14, 2011, the U.S. Court of Appeals for the Ninth Circuit in Christopher v. SmithKline Beecham Corp. (Case No. 10-15257) affirmed a district court decision holding that pharmaceutical sales representatives (“reps”) for GlaxoSmithKline (“Glaxo”) are exempt from overtime under the Fair Labor Standards Act because they qualify as “outside sales” employees

Bay state baristas don't have to share tips with shift supervisors

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • March 23 2011

On Friday, March 18, 2011, the U.S. District Court for the District of Massachusetts adopted a pair of reports by a federal Magistrate finding that Starbucks violated Massachusetts law by allowing “shift supervisors” to share in the proceeds of tip jars and recommending certification of a class of Massachusetts baristas affected by the practice

I lift my lamp beside the minimum wage claim: district court finds immigration status "irrelevant" to FLSA case

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 6 2011

On March 23, 2011, a federal court in Massachusetts held that an employer was not entitled to information about the named plaintiffs' immigration status in a putative collective action alleging minimum wage violations

Supreme Court to decide whether pharmaceutical sales representatives meet the FLSA's outside sales exemption

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • November 28 2011

At 10 a.m. EST today, the U.S. Supreme Court announced its decision to grant certiorari in Christopher v. SmithKline Beecham Corp

First Circuit’s administrative exemption decision could maintain the availability for the administrative exemption for some so-called “sales” employees

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • December 5 2011

On November 28, 2011, the U.S. Court of Appeals for the First Circuit issued a decision in Hines v. State Room, Inc. finding that sales managers for a Boston banquet facility were exempt from overtime under the Fair Labor Standards Act's ("FLSA") administrative exemption

First Circuit confirms what every bride knows: event planning requires discretion and independent judgment

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • December 2 2011

On November 28, 2011, the U.S. Court of Appeals for the First Circuit issued a decision in Hines v State Room, Inc. finding that sales managers for a Boston banquet facility were exempt from overtime under the Fair Labor Standards Act’s administrative exemption

Supreme Court update in Christopher v. SmithKline: will the Supreme Court buy DOL's position on the outside sales exemption?

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 11 2012

As reported previously on this Blog, next Monday, April 16, 2012, the U.S. Supreme Court will hear oral arguments in the case of Christopher v. SmithKline, which involves application of the outside sales exemption under the Fair Labor Standards Act (FLSA) to pharmaceutical sales representatives (“PSRs”

A Rose employee by any other name? Talk show interns sue for pay

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • March 16 2012

Last month, this Blog reported on a pair of recent lawsuits filed by former unpaid interns for The Hearst Corp and Fox Searchlight Pictures claiming that they should have been paid for work they performed for the fashion magazine Harper’s Bazaar and on production of the 2010 film “Black Swan.”

To sell or not to sell: justices split on exemption

  • Seyfarth Shaw LLP
  • -
  • USA
  • -
  • April 16 2012

Seasoned advocates, an engaged bench, and the hottest area of employment law made for an exciting oral argument this morning at the U.S. Supreme Court in the matter of Christopher v. SmithKline Beecham Corp. dba GlaxoSmithKline