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Obama Administration Weighs in on Pharmaceutical Representatives Case, Arguing that Reps Are Not Exempt

In Dept. of Labor, Exemptions on August 12, 2010 at 5:08 pm
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Following its stated policy of aggressively prosecuting wage and hour violations, the  Obama administration‘s Department of Labor has filed an amicus brief in the Ninth Circuit case of Buchanan v. SmithKline Beecham Corp., 10-1525, arguing that pharmaceutical representatives are not exempt under the outside sales exemption or the administrative exemption of the FLSA.  You can read more here.

The Second Circuit considered the same issue and found that reps were not exempt under either the outside sales exemption nor the administrative exemption.

By CHARLES H. JUNG

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Labor Department Has Hired 250 New Wage-and-Hour Investigators, Representing a Staff Increase of One-Third

In Dept. of Labor on August 11, 2010 at 9:32 pm
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As reported by Robert Pear of the New York Times yesterday, the Department of Labor has bulked up its staffing of wage and hour   investigators by one-third, or 250 investigators.  Mr. Pear reports that the Obama administration is paying particular attention to the pay practices in the healthcare industry “after finding that many hospitals and nursing homes do not pay proper overtime to nurses and other employees who work more than 40 hours a week.”

By CHARLES H. JUNG

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