U.S. Supreme Court
Lower Court Opinion
Whether, as the Second Circuit held, Petitioners’ door-to-door solicitors are exempt “outside salesmen” under the FLSA or, as the Sixth Circuit held, Petitioners’ door-to-door solicitors are not exempt “outside salesmen” under the FLSA because the sales agreements remain subject to regulatory checks and Petitioners’ ultimate approval.
Cert. petition denied
June 07, 2021
U.S. Chamber files coalition amicus brief urging Supreme Court to grant cert and resolve confusion over the Fair Labor Standards Act’s “outside salesman” exemption
March 15, 2021
Click here to view the amicus brief filed jointly by the U.S. Chamber, National Federation of Independent Business, and Direct Selling Association. Michael H. McGinley, Michael P. Corcoran, and Carla G. Graff and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
- Sixth Circuit Opinion -- Hurt v. Commerce Energy, Inc. (Sixth Circuit).pdf
- U.S. Chamber Coalition Amicus Brief -- Just Energy Marketing Corp. v. Hurt (U.S. Supreme Court).pdf