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For years, the DOL has argued that commissions must be based on a percentage of sales in order to be valid. But now the 3rd Circuit has approved a different form of commissioned sales—one in which employees are paid based not on the total amount of the sale, but on other factors such as whether the sale was made on an outgoing sales call or an incoming one.
Novartis Pharmaceuticals has agreed to settle a class-action lawsuit filed by female sales reps just two months after a federal jury awarded the plaintiffs $250 million in punitive damages. Novartis challenged that verdict, and the court had scheduled a hearing for November. Under the settlement, Novartis will pay $152.5 million in return for dropping its appeal.
The California State Senate and State Assembly have approved a bill that would restrict the use of credit reports by employers that conduct background checks on job applicants and employees. But enactment isn’t a sure thing, based on the recent history of similar legislation.
Employees who are punished for complaining about alleged illegal discrimination can sue for that retaliation. And they don’t have to show that actual discrimination took place—just that they believed in good faith that it did. Still, that doesn’t mean that every vague complaint can be used as the basis for a retaliation claim.
A Cincinnati Pizza Hut franchisee, the Twins Group, has settled a pregnancy discrimination lawsuit that alleged the company illegally inquired about a female employee’s health, shared her confidential medical information with co-workers, reduced her hours and ultimately terminated her because she was pregnant. One of several problems: She wasn’t pregnant.