The Court of Appeals decided on Wednesday that an employer does not owe the general public any duty to be sure that an employee is fit to drive home. The case was brought by an injured police officer, Barclay v. Briscoe. A longshoreman returned home after a 22-hour shift on the docks. On his...
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The Supreme Court will Face a New Sexual Harassment Issue
The new term for the Supreme Court, beginning in October, will include a case about when a company is liable for a supervisor’s sexual or racial harassment. The Supreme Court agreed on Monday to decide the following question:
Issue: Whether the “supervisor” liability rule established by Faragher v. City of Boca Raton and Burlington Industries, Inc....
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Supreme Court Holds Pharmaceutical Reps Don’t Get Overtime
Last week the Supreme Court issued a ruling in a case affecting a large number of employees. In Christopher v. SmithKline Beecham Corp., the Court addressed the issue whether pharmaceutical representatives are exempt from overtime under the Fair Labor Standards Act exemption for “outside sales” employees.
This exemption distinguishes between employees making sales “inside,” such...
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Court-Watchers Holding Their Breath on Health Care Case
The Supreme Court always saves the most controversial for last, like a season of a prime time soap. Unlike recent years, there have not been too many big employment cases this year (I’ll comment on the pharmaceutical rep case soon). But the act on the main stage is whether the Court will strike down all...
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