Supreme Court to Decide FLSA Exemption Case

November 25th, 2011 by JBWK

The U.S. Supreme Court announced it will decide whether pharmaceutical sales reps are exempt from the FLSA’s overtime requirements. The case arose from the 9th Circuit, which determined the sales reps were, in fact, exempt.

More importantly, however, the Supreme Court will also decide how much (if any) deference it will give to the Secretary of Labor’s interpretation of the FLSA regulations and exemptions. This may be an important shift that could eliminate or force courts to give deference to the Department of Labor’s own interpretations and guidance documents, which are not legally binding.



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