The Seventh Circuit Court of Appeals held that the Fair Labor Standards Act ("FLSA") does not require employers to compensate employees for the time they spend in putting on and taking off their work clothes in a locker room at the plant ("clothes-changing time") and...
Month: June 2012
Seventh Circuit Holds That Pharmaceutical Sales Representatives Are Exempt From Overtime Requirements Of FLSA Under Administrative Exemption
In a case of first impression in the Seventh Circuit (which includes Indiana, Illinois and Wisconsin), the Court of Appeals held that pharmaceutical companies Eli Lilly & Co. and Abbott Laboratories properly classified their sales representatives under the...
Pay-if-Paid Clauses Can Destroy Your Bond Claim Rights
In the construction industry, bonds are typically put in place to ensure that a subcontractor is paid if the general contractor fails to receive payment. Currently, in Indiana, pay-if-paid provisions can eliminate a subcontractor's bond claim rights.On May 11, 2012,...
EEOC Issues Guidelines on Criminal Background Checks
Many of our clients routinely use criminal background checks when hiring new employees. The EEOC has just issued new guidelines which limit this use.The EEOC's concern is that some protected classes, especially minorities, may be unfairly affected ("disparate impact")...
EEOC Develops New Plan To Focus On “Systemic Litigation”
Complaints ("Charges") of unlawful discrimination based on gender, race, color, national origin, age, religion or disability, are filed with the Equal Employment Opportunity Commission ("EEOC"). Typically, the EEOC investigates a charge and, if appropriate, will issue...