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Primary duty of sales reps was installations, so no ‘outside sales’ exemption from overtime

October 9th, 2018

By Ronald Miller, J.D.
Holding that a reasonable factfinder could find that Territory Sales Representatives (TSRs) for a cable, television, and internet provider spent the majority of their time at work performing non-exempt work (installations), the Second Circuit vacated a district court order concluding that they were “outside salesmen” exempt from the FLSA overtime provision. Reversing [Read more...]


On remand, divided NLRB says strike-related misconduct severe enough to lose NLRA protection

October 9th, 2018

By Ronald Miller, J.D.
On remand from the D.C. Circuit, a divided three-member panel of the NLRB ruled that an employee’s strike-related misconduct was of sufficient severity to lose the protection of the NLRA. The employee was accused of repeatedly cutting off a company truck on a four-lane public highway, with vehicles traveling at speeds of [Read more...]


Chiding that Hispanic worker can’t even speak Spanish didn’t show bias by UPS

October 8th, 2018

By Lorene D. Park, J.D.
Affirming summary judgment against a Hispanic UPS employee’s Title VII and Section 1981 race-based hostile work environment claim, the Tenth Circuit noted that while a Hispanic supervisor could still be biased against Hispanic individuals, there was no admissible evidence of that here. The supervisor may have called the employee “a kid [Read more...]


New York releases final sexual harassment materials, guidance; training required by October 9

October 8th, 2018

Materials and guidance on New York’s sexual harassment prevention laws have now been finalized, according to Governor Andrew M. Cuomo. This follows a public comment period that began August 23, when draft materials and guidance were first published on a new website along with a request for public feedback. The state received and reviewed hundreds [Read more...]


California governor approves package of bills, many aimed at curbing sexual harassment

October 8th, 2018

As with many other states following events in the news, the California state legislature has aggressively been passing a slew of bills to prevent sexual harassment in the workplace, including within the state legislature itself.
California Governor Edmund G. Brown Jr. signed a package of bills on September 30 aimed at protecting and supporting women, children, [Read more...]