2012 Employment Law Predictions
Employment Lawyer Daniel Scwhartz has a piece out this week in the Connecticut Law Tribune titled "What Does Magic 8-Ball Think About 2012?"
Daniel discusses many expected 2012 employment law developments both nationally and in his home state, including expected Supreme Court decisions. He is keeping his eye on:
Christopher v. SmithKline Beecham Corp, in which the court will decide the scope of the “outside sales” exemption under the Fair Labor Standards Act. The case arose over a dispute regarding the overtime pay of SmithKline’s pharmaceutical sales representatives. Pharmaceutical companies have traditionally viewed sales reps as “outside sales” employees, meaning they are exempt from overtime pay. The U.S. Department of Labor has disagreed. A decision is expected in June.
The Court will also be deciding the scope of the “ministerial exception” in Hosanna-Tabor Lutheran Church & School v. EEOC. At issue in whether the First Amendment restricts employment-related suits against religious organizations. The law has been universally applied to pastors, priests and rabbis who allege discrimination. But there is a divide about whether the doctrine extends to other church employees. This case is likely to set forth some of the parameters. A decision in this case is expected by June 2012.
I recommend the article to your reading. You can find the entire article here.
