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RN who performed utilization reviews for health insurer was exempt ‘learned professional’ under FLSA

January 16th, 2020

By Marjorie Johnson, J.D.
At issue was whether the professional exemption applied to an employee who acted in a manner consistent with the central characteristics of her profession, but did so outside of that profession’s traditional employment setting.
A registered nurse who worked for Aetna as an appeals nurse consultant, and in that position approved health insurance [Read more...]

Firefighter who sought exemption to TDAP vaccine can’t revive Title VII, Free Exercise claims

January 16th, 2020

By Kathleen Kapusta, J.D.
He was fired for insubordination after he refused the city’s directive to choose one of its proposed accommodations because he believed they were unreasonable.
Offering a firefighter a transfer to a position with an equivalent salary and benefits was a reasonable accommodation to his request for an exemption on religious grounds from the [Read more...]

Federal law doesn’t preempt NJ medical marijuana law; employer must reimburse injured construction worker’s prescription

January 16th, 2020

By Tulay Turan, J.D.
An employer’s reimbursement of a registered patient’s use of medical marijuana does not require the employer to commit the offenses prohibited by federal law.
In a case of first impression, a federal district court in New Jersey affirmed a workers’ compensation judge’s order for a construction company to reimburse a former employee for [Read more...]

DOL rule clarifying joint-employer relationships likely to result in fewer joint-employer findings

January 15th, 2020

By Ronald Miller, J.D.
As expected, the business-friendly rule will likely limit the circumstances in which a joint-employment relationship is found.
On January 12, 2020, the U.S. Department of Labor announced a final rule to revise and update its regulations interpreting joint employer status under the FLSA. The final rule provides updated guidance for determining joint-employer status [Read more...]

Declining the offer of second trial proves to be bad decision for underpaid detectives

January 15th, 2020

By Brandi O. Brown, J.D.
By insisting on a final judgment in order to appeal a ruling that, as a matter of law, they had been paid on a “salary basis,” a group of six detectives barred themselves from further pursuit of their overtime claim when their appeal failed.
Sheriff’s office detectives, who initially experienced success with [Read more...]