Download ppt - Third Thursday – Crowell & Moring’s Wage Hour Briefing June 21, 2012 The webinar will begin shortly. A recording and the slides will be sent to you after

Third Thursday –Crowell & Moring’s Wage Hour Briefing

June 21, 2012

The webinar will begin shortly. A recording and the slides will be sent to you after the event.

Call-in toll-free number (US/Canada):1-877-668-4490; Access code: 665 340 866

© Crowell & Moring 2012

Third Thursday –Crowell & Moring’s Wage Hour Briefing

June 21, 2012Chris CalsynTom Gies



Andrew Bagley

DC

ShaneSagheb

LA

MarkRomeoOrange County

WendySugg

Orange County

IraSaxeNYC

TrinaFairley-Barlow

DC

ThomasGiesDC

Christopher Calsyn

DC.

THIRD THURSDAYCrowell & Moring’s Wage Hour Briefing

MEET THE TEAM:

Christopher v. GSK

Implications for Employers



Background» The FLSA’s Outside Sales Exemption

» The Department of Labor’s Litigation Initiative – Trying to Move the Needle?


The Court’s Decision

» GSK’s sales representatives are covered by the outside sales exemption

» Majority’s view of Section 13(a)(1)– “in the capacity of outside salesman”– A functional analysis



» The Dissent’s View – They don’t and can’t actually “sell”– Nothing more than “A definite maybe”



» Bad Day for the DOL - Auer v. Robbins deference not warranted

» “Regulation by amicus brief”

» Unfair Surprise

» Massive Potential Liability


Impact on DOL

» What will DOL do?» Current Issues

– Other white collar exemptions– Representative testimony– Tip credit– The de minimis rule – Class and collective action waivers


What It Means for Employers

» Sales/Promotion and Marketing Jobs

» Other white collar exemptions


Other Issues/Questions

» The future of judicial deference to the DOL– What’s left of Auer v. Robbins?

» Internal compliance audits