Articles

Federal courts rule against overtime in pharmaceutical cases

In a pair of decisions, the U.S. Supreme Court and the 7th Circuit Court of Appeals examined different exemption provisions to overtime requirements of the Fair Labor Standards Act but reached the same conclusion: Pharmaceutical sales representatives are not entitled to overtime pay.

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COA: exhaust administrative remedies before filing appeal

Because a manufacturer didn’t exhaust its administrative remedies regarding a challenge to a search of its Indianapolis facility by the Indiana Occupational Safety and Health Administration, the Indiana Court of Appeals dismissed the manufacturer’s appeal.

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SCOTUS rules on FCC case, still no health care decision

The highly anticipated decision by the United States Supreme Court on health care will come another day. The justices released four opinions Thursday, which did not include the challenges to the health care law. They did decide the case before them involving the Federal Communications Commission.

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7th Circuit rules Lilly sales reps not entitled to overtime

Pharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.

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Federalist Society to host talk on unions

The Federalist Society for Law and Public Policy Studies, Indianapolis Lawyers Division Chapter, will host a lunchtime speaker at noon March 29 at the Conrad Indianapolis, Hong Kong Room, 50 W. Washington St.

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COA affirms dismissal of case 18 years after filing

The Indiana Court of Appeals has ruled that a Henry Circuit judge correctly dismissed a union’s complaint about a manufacturing plant closure more than two decades ago, finding that the union failed to prosecute the case for 18 years and that was an adequate basis for dismissal.

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Union sues over right-to-work law

A northern Indiana labor organization has filed a lawsuit against Gov. Mitch Daniels and other state actors over the recent enactment of legislation that made Indiana a “right-to-work” state.

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Judge temporarily blocks fines for House boycott

Marion Superior Judge David Dreyer has blocked the collection of a $1,000-a-day fine imposed on boycotting lawmakers in the Indiana House of Representatives, granting a temporary restraining order until he can hold a hearing on the merits of the issue next week.

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In issue of first impression, COA reverses union decision

Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.

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OSHA postpones enforcement

The Occupational Safety and Health Administration previously announced it would begin enforcing fall protection plans for residential contractors as of Oct. 1 this year. However, on Sept. 29, Jeffry Carter, deputy commissioner of labor for Indiana OSHA, issued a memo that said federal OSHA administrators decided to push back enforcement to March 15, 2012.

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