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Monthly Archives: July 2010

Customer Preference Not Justification for Discrimination

By Cynthia May on Posted in Discrimination

       Laws prohibiting discrimination trump patient preference regarding the race of health care providers, the Seventh Circuit recently ruled in Chaney v. Plainfield Healthcare Center, a case decided July 20, 2010.         Brenda Chaney, a black certified nursing assistant (CNA), sued her former employer nursing home where a resident in her unit demanded white-only health… Continue Reading

Leaves of Absence and the ADA

By Eric Sigda on Posted in Disability, FMLA

One of the most vexing areas in employment is the interaction of the Americans with Disabilities Act and the Family and Medical Leave Act for individuals on a leave of absence because of a disability. If an employee has a disability and needs to take a leave of absence, the employer may provide qualified employees with… Continue Reading

Second Circuit: Pharmaceutical Sales Representatives Are Entitled To Overtime

By GT Labor & Employment Team on Posted in Litigation, Wage & Hour

  On June 6, the Second Circuit ruled that pharmaceutical sales representatives (“PRs”) were entitled to overtime under the FLSA because they did not meet the requirements of either the outside sales employees or administrative exemptions. Employers who treat outside salespersons as exempt under either exemption may want to reexamine their policies in light of the… Continue Reading