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Pharmaceutical sales representatives eligible for overtime

USA - July 9 2010 On July 6, 2010, the Court of Appeals for the Second Circuit vacated the decision of the Southern District of New York and issued an opinion that will allow pharmaceutical sales representatives to collect overtime pay under state and federal wage and hour law....

Brian J. Gold, Jonathan M. Brenner, Cliff H. Fonstein, Jeffrey S. Berlin.


DOL interprets FMLA to cover employees who assume parental obligations regarding a child even absent a biological or legal relationship to the child

USA - June 28 2010 On June 22, 2010, the U.S. Department of Labor (DOL) issued an interpretation of provisions of the Family and Medical Leave Act, 29 U.S.C. 2601 et. seq. (FMLA), defining the terms “son or daughter” as they apply to an employee taking leave for the purpose of caring for a child....

Brian J. Gold, Jonathan M. Brenner, Cliff H. Fonstein, Jeffrey S. Berlin.


SDNY holds expatriate rotational system not discriminatory

USA - October 12 2009 In an important recent case, Sidley has achieved a significant victory for foreign corporations doing business through U.S. subsidiaries....

Brian J. Gold, Jeffrey A. Berman, Jonathan M. Brenner, Cliff H. Fonstein, Jeffrey S. Berlin.


Illinois amends three employment statutes expanding employee rights and employer obligations

USA - September 3 2009 Illinois Governor Patrick Quinn has signed into law amendments to three Illinois employment statutes: the Equal Pay Act of 2003, the Victims’ Economic Security and Safety Act, and the Illinois Human Rights Act....

Brian J. Gold, Jeffrey A. Berman, Jonathan M. Brenner, Cliff H. Fonstein, Jeffrey S. Berlin.


D.C. Circuit reverses NLRB e-mail policy decision

USA - July 10 2009 Reversing in part a landmark 2007 ruling by the National Labor Relations Board (the "NLRB" or "Board"), the United States Court of Appeals for the District of Columbia Circuit on Tuesday concluded that the NLRB lacked substantial evidence to support its determination that an employer had lawfully disciplined an employee for using the company’s e-mail system to send union-related solicitations to other employees in violation of the company communications policy....

Brian J. Gold, Jeffrey A. Berman, Jonathan M. Brenner, Cliff H. Fonstein, Jeffrey S. Berlin.