Novartis Pharmaceuticals Corp. v. Lopes

(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.