After 6 years: Wage & Hour Class action suit against Novartis settled for $99M!!!

So Novartis isn't waiting for the US Supreme Court ruling and is settling the wage and hour class action lawsuit for $99Million!

Novartis says its pharmaceutical sales representatives fit the "outside sales" exemption of the Fair Labor Standards Act (FLSA).  The plaintiffs didn't agree and felt they were unlawfully classified as exempt and denied overtime. The $99 million is an award for the eligible class members of nearly 7,000 and 30% in attorney's fees.

The class members averaged total compensation of $91,500 and they worked an average of 10 to 20 hours of overtime each week.

The settlement includes resolving overtime claims, meal periods and/or compensation for rest breaks, will provide itemized wage statements, maintain and keep accurate records, pay employees in a timely manner during or at the conclusion of their employment and provide compensation for off the clock time.

The decision is still to be made by the US Supreme Court.  This case has been litigating for nearly six years.

I pulled the detail information from several sources including press, trade magazines, attorney notices.  
This case will have a ripple effect. The impact of a law designed in the 1930's for the jobs of today will continue to create issues between employees and their organizations. More on that at a later time. 

Deadline this week---Feb 1 for OSHA 300A posting

February 1 is the date when employers covered by the Injury and Illness Recordkeeping Rules of OSHA need to post the official summary of all injurires and illnesses occurring in the prior year. This is fondly (:-)) known as the OSHA Form 300A.   The summary must be posted in the place where other notices for employees are posted.  The summary must remain posted through April 30, 2012.

But--before the form can be posted but after it is completed, a company executive must certify that he or she has examined the OSHA 300 Log and "...believes....that the process by which the information was recorded, ...and...that the annual summary is correct and complete."

The executive is assuming responsibility and accountability for the accuracy of the process and the information.  This is generally not the person who keeps the day to day records.

OSHA can cite an a employer if the OSHA Form 300A is not posted as required.

Are you a covered employer?  Here are some excerpts from the web site.  The link follows the info:

• Every employer - regardless of size or industry - must orally report any incident that involves the death of a worker and/or the hospitalization of three or more workers. You must call your local OSHA office or 1-800-321-OSHA within eight hours. You don't have to report most highway or commercial carrier accidents, but you must report fatal heart attacks that occur at work. 
  
• If you have 10 or fewer workers, you normally do not need to keep injury and illness records. Remember to include temporary employees under your direct supervision in that count. And if you're in one of the exempt low-hazard industries, you don't have to keep records unless OSHA or BLS asks you to participate in their annual surveys. 

This is a presentation script on OSHA recordkeeping from OSHA.  Enjoy :-)

( http://www.osha.gov/recordkeeping/ppt2/ppt2script.html)

Three times a charm?

ODESSA, FL, June 13, 2011 — Entrepreneur and HR expert Kelley Rexroad, SPHR,  has been nominated once again for Tampa Bay Business Woman of the Year, an annual award sponsored by the Tampa Bay Business Journal.  

“In 2007 I was a finalist for Business Services category and last year, a finalist for Entrepreneur category-who knows what will happen this year.  It may sound trite but I am honored to be nominated.  The nomination application itself is a good exercise for reflection as to what you have accomplished in your professional life but also in service to your community,” said Rexroad.  

Kelley Rexroad is founder of krexconsulting where her experience in communications and HR helps businesses succeed.    She has been featured as a speaker and a writer in numerous media including CBS, ABC, St Pete Times, The Tampa Tribune and NY Times. She's been called an expert by Fox News' Neal Cavuto.   Her original inspirational quotations have been selected out of thousands to highlight calendars. Her tailored HR strategies and coaching programs' effectiveness are why her clients continue to work with her year after year.