You Have the Right to the Silent Treatment

SHERRY F. COLB

Cornell law professor Sherry F. Colb proposes the psychological effects of the “silent treatment” as a possible reason that arrested individuals who understand their Miranda rights nevertheless confess to the police. Rather than seeking to dispute or displace other explanations of the phenomenon, Colb suggests that when police leave a suspect alone in his cell, he may experience their exit as the silent treatment and confess as an attempt to end it.

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Isett v. Aetna Life Insurance Co.

Docket: 18-3271

Opinion Date: January 14, 2020

Judge: Jose A. Cabranes

Areas of Law: Labor & Employment Law

The Second Circuit affirmed the district court's award of summary judgment in favor of Aetna, plaintiff's employer. The court held that, when interpreting the scope of a Fair Labor Standards Act (FLSA) exemption, courts must give the exemption a fair reading and shall not construe it narrowly against the employer seeking to assert the exemption. The court also held that the first prong of the professional exemption's primary duty test requires courts to: (A) identify what qualities or skills are characteristic of the work of the profession at issue; and (B) determine if the employee's primary duty reflects those qualities or skills; central to the profession of registered nursing is the ability to act independently, or under limited supervision, on the basis of collected clinical data; and the district court did not err in concluding that plaintiff's job satisfied the first prong. In this case, plaintiff's primary duty as an appeals nurse consultant—to conduct utilization review and approve insurance coverage for medically necessary services under minimal supervision—reflects the discretion and requires the judgment characteristic of other registered nurses. Therefore, plaintiff's job as an appeals nurse consultant required the use of advanced nursing knowledge. The court also held that, in cases where, as here, the employer requires the possession of an advanced academic degree, the third prong of the primary duty test for the professional exemption of the FLSA requires courts to: (A) identify the job's primary duty which requires the use of advanced knowledge; and (B) determine if that duty is consistent with the employer's minimum academic qualifications. The court held that the district court did not err in concluding that plaintiff's job satisfied the third prong. Accordingly, the undisputed facts demonstrated that plaintiff was properly classified as exempt under the FLSA's overtime-pay requirements.