Last October, we reported on a petition by an auto dealership asking the U.S. Supreme Court to overturn a ruling by the 9th Circuit Court of Appeals holding that the dealership's service advisors did not qualify for the FLSA's exemption for any "salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.” Last Friday, the Supreme Court granted that petition. Oral arguments in the case, Encino Motorcars, LLC v. Navarro, will likely be scheduled for Spring 2016.
This is the second FLSA case on the Court's docket for this year. The other, Tyson Foods, Inc. v. Bouaphakeo, considers the circumstances under which courts can certify class or collective action cases in which statistical sampling techniques will be used to determine liability and damages. The Court heard oral arugment in Bouaphakeo on November 10, 2015.