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Articles by Judy Greenwald

Pharmaceutical Sales Reps Exempt from FLSA Overtime Rules

May 10, 2012
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The ruling states that under the FLSA, employees are entitled to overtime pay for any hours worked in excess of 40 hours per week. In both cases, plaintiffs had claimed they were misclassified as exempt employees and denied overtime pay.
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Muslim Woman Wins $5.1M Judgment in Work Discrimination Suit

May 8, 2012
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Employers must make sure their employees, including line workers as well as supervisory staff, are 'trained carefully in anti-harassment measures and policy.'
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Court: Three Unwanted Touches in Five Months Constitute Sex Harassment

May 8, 2012
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One attorney familiar with the case says the case illustrates that employers need to conduct an investigation 'in any situation that involves intimate touching.'
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State Court Upholds Gay Employee's Hostile Work Environment Claim

May 7, 2012
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Said one attorney, 'This is the first appellate-level case in the country that extends hostile work environment (claims) to the area of sexual orientation.'
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Wal-Mart to Pay $4.8M in Back Wages for Fair Labor Standards Act Violations

May 2, 2012
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The Labor Department said under terms of the settlement, Wal-Mart has agreed to pay all back wages the department determined are owed for violations in addition to paying liquidated damages to the employees and a penalty to the department.
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EEOC Updates Guidance on Use of Arrest, Conviction Records in Employment Decisions

April 25, 2012
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The Society for Human Resource Management said in a statement it 'is pleased that the guidance does not appear to impose a one-size-fits-all set of rules on employers and seems to take into consideration that every employer will have different needs and concerns in the use of criminal background checks in hiring.'
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Court: Worker Not Entitled to Free Speech Protections During Employment Duties

April 24, 2012
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An issue in the case was the U.S. Supreme Court's 2006 ruling in Garcetti vs. Ceballos, in which the high court held that 'government employers, like private employers, need a significant degree of control over their employees' words, and actions; without it, there would be little chance for the efficient provision of public services.'
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Bill Barring Firms From Requiring Applicant Passwords Awaits Governor's OK

April 11, 2012
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Calls have been growing for federal and state legislation that would bar employers from requiring access to job applicants' social media postings.
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Wisconsin Law Repeals Punitive, Compensatory Damages in Bias Cases

April 9, 2012
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The bill, which was supported by numerous business groups, was signed into law by the governor April 5, but not announced until April 6.
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Employers Struggle to Control Wage-and-Hour Litigation

April 2, 2012
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Employers can minimize the chances of litigation by taking steps that include periodic audits to determine whether employees are being properly classified, as well as careful record-keeping.
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