Monday, November 28, 2011

SCOTUS Grants Cert. in FLSA Case

This just in: the Supreme Court granted certiorari (order here) in Christopher v. SmithKline Beecham Corp. (SCOTUSblog case page here). This case presents two FLSA issues (as described in the Petitioner's Brief):
(1) Whether deference is owed to the Secretary [of Labor's] interpretation of the Fair Labor Standards Act’s outside sales exemption and related regulations; and
(2) Whether the Fair Labor Standards Act’s outside sales exemption applies to pharmaceutical sales representatives
The second issue is exactly the kind of narrow-applicability issue I've been whining about all season (it's ok to call Supreme Court terms "seasons," right?). But... that first issue is just the kind of broad-applicability issue I've been hoping for!

Judicial deference to agency interpretation isn't really a hot topic that will generate mainstream media attention though. I'm still waiting for the Court to take on a big discrimination issue that will generate some buzz. I know, I know... I'm never satisfied.

See also: Ross Runkel's SCOTUS Will Hear FLSA Pharma Sales Rep Case.

Posted by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania in the firm's civil litigation and labor and employment law practice groups.

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