Tag Archives: United States Department of Labor

Immediate Steps to Take Upon an Employee’s Departure for a Competitor

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Richard C. Darwin posted a useful summary and reminder of the steps an employer should take once an employee has decided to pursue an opportunity with a direct competitor.  Darwin recommends the following nine common-sense precautionary measures to be taken right away to reduce the risk of lost or deleted evidence:

  1. Secure the defecting employee’s computer and make sure no one uses it.
  2. If the IT department recycles backup tapes, immediately suspend that practice.
  3. Check the former employee’s office or workspace for missing documents and files.
  4. Get copies of the tapes or electronic files if the building has security cameras. Continue reading
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Obama Administration Weighs in on Pharmaceutical Representatives Case, Arguing that Reps Are Not Exempt

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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

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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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