On February 14, 2011, the U.S. Court of Appeals for the Ninth Circuit ruled in Christopher v. SmithKline Beecham Corp. that pharmaceutical sales representatives were exempt from overtime under the Fair Labor Standards Act (FLSA) as “outside sales” employees because they were “in some sense” engaged in sales.
The U.S. Court of Appeals for the Second Circuit held that the FCC’s “fleeting expletives” policy is unconstitutionally vague in violation of the First Amendment.
On April 28, 2009, the Supreme Court of the United States issued its decision in FCC v. Fox Television Stations, Inc.
The Obama Administration is likely to present major regulatory challenges to the business community.
In a 5 to 4 ruling, the U.S. Supreme Court reversed and remanded the Second Circuit’s decision relating to fleeting utterances of profanity broadcast during the 2002 and 2003 Billboard Music Awards on Fox television channels.
On November 4, 2008, the Supreme Court heard oral arguments in FCC v. Fox Television Stations, the case involving the FCC's "fleeting expletives" policy, which marks the first time in 30 years that the high court has considered indecency regulation.
In a unanimous decision, the U.S. Supreme Court upheld a U.S. Department of Labor ("DOL") regulation that provides for an exemption from the minimum wage and overtime requirements of the federal Fair Labor Standards Act ("FLSA") for companions to the aged and infirm who are employed by home health agencies and other employers other than the family or household of the recipients of the companionship services.
On June 4, 2007, a three-judge panel of the U.S. Court of Appeals for the Second Circuit vacated the Federal Communications Commission's recent "fleeting expletive" policy in a 2-1 decision.