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Supreme Court: Pharmaceutical Sales Reps Are Exempt
The U.S. Supreme Court's recent decision in Christopher v. SmithKline Beecham Corp., No. 11-204, 2012 U.S. LEXIS 4657 (2012), was not only a landmark decision for the pharmaceutical industry, but also provided important guidance for the application of the outside sales exemption in other settings, the interpretation of all FLSA exemptions, and the deference to be given the Department of Labor's interpretation of its own guidelines.
Over the past several years, wage and hour litigation has exploded as employees have increasingly challenged whether their employers have properly classified them as exempt from the minimum wage and 40-hour overtime standards under the Fair Labor Standards Act (FLSA), 29 U.S.C. ” 201 et seq. The risk of improperly classifying employees can be significant because employers who fail to pay overtime properly may be liable for double the amount due for the past two years, plus the employees' attorney fees. If the violation is found to be “willful,” the statute of limitations increases to three years.
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Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.