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ARTICLE · 01 DECEMBER 2011

Supreme Court Docket Report - November 28, 2011

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The outside-sales exemption of the Fair Labor Standards Act ("FLSA") provides that workers who are employed "in the capacity of outside salesman" are not entitled to overtime pay.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published November 28, 2011

Keywords: Fair Labor Standards Act, Outside-sales exemption, overtime pay, criminal sentencing, criminal fines, RCRA

The outside-sales exemption of the Fair Labor Standards Act ("FLSA") provides that workers who are employed "in the capacity of outside salesman" are not entitled to overtime pay. See 29 U.S.C. § 207(a)(1); 29 U.S.C. § 213(a)(1). Today, the Supreme Court granted certiorari in Christopher v. Smithkline Beecham, Corp., No. 11-204, to determine whether the outside-sales exemption applies to pharmaceutical sales representatives ("PSRs"), and to clarify whether courts must defer to the Secretary of Labor's interpretation of the exemption with regard to PSRs.

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