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On April 16, 2012, the Supreme Court heard oral argument in Christopher v. SmithKline Beecham Corp. This case presents two questions: first, whether courts must defer to the Department of Labor’s interpretation of its regulations addressing the “outside salesman” exemption from the overtime requirements imposed on employers by the Fair Labor Standards Act; and second, whether pharmaceutical sales representatives, who cannot themselves sell prescription drugs, are considered “outside salesmen” and thus not entitled to overtime pay under the Act.

To discuss the case, we have Anthony Caso, who is an Associate Professor at Chapman University School of Law.

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