The petition of the day is: 

Schering Corp. v. Kuzinski

Docket: 10-459
Issue(s): (1) What deference is due to an agency interpretation of its own regulations when the interpretation departs from the agency’s prior position; and (2) whether the Second Circuit erred in its construction of the outside sales exemption of the Fair Labor Standards Act.

Certiorari stage documents:

The second petition of the day is:

Novartis Pharmaceuticals Corp. v. Lopes

Docket: 10-460
Issue(s): (1) Whether the Second Circuit's holding that highly paid pharmaceutical sales representatives are not covered by the FLSA's administrative exemption or the outside sales exemption, is contrary to the statute's text, purpose, and DOL's long-standing regulations; and (2) whether an agency's break with prior interpretations of its regulations, advanced for the first time in an amicus brief, is entitled to heightened deference under Auer v. Robbins.

Certiorari stage documents:

Posted in Schering Corp. v. Kuzinski, Novartis Pharmaceuticals Corp. v. Lopes, Cases in the Pipeline

Recommended Citation: Kiran Bhat, Petition of the day, SCOTUSblog (Nov. 2, 2010, 4:57 PM),