'Regulation By Amicus' No Longer An Option For Agencies

Law360, New York (June 18, 2012, 10:21 PM EDT) -- The U.S. Supreme Court's decision to rebuff the U.S. Department of Labor's position that pharmaceutical sales representatives are entitled to overtime pay makes a powerful statement against federal agencies using court filings to make substantive regulatory changes, which should shut down the DOL's efforts to advance new interpretations through amicus briefs, attorneys say.

The high court ruled 5-4 on Monday in favor of GlaxoSmithKline PLC that a proposed class of pharmaceutical sales representatives were outside sales employees exempt from the Fair Labor Standards Act's overtime pay...
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