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Department of Labor (DOL) Car Dealerships Over-Time

Fisher Phillips

Auto Dealer Snapshot: What Your Dealership Should Know and Do About the New Federal Overtime Rule

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You may have heard about the so-called new “overtime” rule, which the U.S. Department of Labor announced on April 23. You also may have heard that the new rule will require employers to increase the annual salary paid to...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Fisher Phillips

What You Should Know About The New(est) “New Overtime Rule”

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As you no doubt have heard, the United States Department of Labor recently announced changes to federal wage and hour regulations that have been labeled the “new overtime rule.” These changes are scheduled to take effect on...more

Fisher Phillips

Parts Is Parts

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While not binding nationwide, a recent federal court decision should put to rest any legitimate argument that dealership parts counterpeople are not overtime exempt under federal law. Based on the concept that Fair Labor...more

Fisher Phillips

It Happened Again…

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WARNING: If you are a regular recipient of the Dealership Update or a Fisher Phillips client, chances are that you will not necessarily learn anything new by reading this article. When you hear that a dealership settled a...more

Fisher Phillips

Serenity Now – Looking Back On USDOL's Actions Mid-Year, And A Sneak Peek At What Might Be Coming

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We are almost half way through 2018, and this year has been filled with fast and furious changes at USDOL. Proposed tip credit changes (Check, including a reaction from Congress and more tip credit changes on the horizon)....more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Fisher Phillips

Supreme Court Introduces “Fair” Reading Of FLSA Exemptions

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If you’re not an auto dealer and you missed last month’s Supreme Court decision in Encino Motorcars, LLC v. Navarro, we forgive you. After all, a ruling on the correct application of the “salesman” exemption to service...more

Burr & Forman

Early thoughts on this Supreme Court term

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We are about midway through the 2017-18 term of the U.S. Supreme Court. One case the Court has already decided and another it refused to take up provide some insight on how the Court has handled employment cases it has been...more

Littler

WPI Wage Watch: Minimum Wage & Overtime Updates (April Edition)

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It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. ...more

Cozen O'Connor

II-31- The Changing 9 to 5 From 1980 to Today

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This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more

McAfee & Taft

Employers prevail in auto service advisors FLSA exemption decision

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While the Fair Labor Standards Act (FLSA) generally requires employers to pay its employees overtime for any hours worked in excess of 40 in a workweek, the law also provides that certain types of employees are exempt from –...more

Spilman Thomas & Battle, PLLC

Want the Warranty with That? Car Dealerships, Service Advisors and Overtime Pay

On April 2, 2018, the Supreme Court of the United States issued its opinion in Encino Motorcars, LLC v. Navarro, holding that, because service advisors at car dealerships are “salesm[e]n . . . primarily engaged in . . ....more

Orrick - Employment Law and Litigation

Auto Dealership Sells Supreme Court on Service Advisor OT Exemption

On Monday, the U.S. Supreme Court ruled that service advisers at car dealerships are exempt from the Fair Labor Standards Act (FLSA). In Encino Motorcars v. Navarro, the majority, Chief Justice John Roberts and Justices...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Automobile Service Advisors Exempt From FLSA Overtime Requirements

Last Monday in a 5-4 decision, the U.S. Supreme Court held that automotive service advisors fall within the Fair Labor Standards Act’s statutory overtime exemption applicable to car salespersons and mechanics. This decision...more

Constangy, Brooks, Smith & Prophete, LLP

FLSA Overtime Exemptions: SCOTUS Takes Its Thumb Off The Scales Of Justice

When it comes to exemptions from overtime under the Fair Labor Standards Act, courts have traditionally plopped a big thumb on the scale against employers: the exemptions have been construed “narrowly” in favor of a right to...more

Akerman LLP

Vehicle Dealers Service Advisors Are Exempt From Overtime

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Vehicle dealerships may have a bit more flexibility in determining which employees are exempt from overtime following a U.S. Supreme Court ruling issued this week that specifically rejected the decades-old principle that...more

Holland & Hart - Employers' Lawyers

Service Advisors Exempt From Overtime, Says Supreme Court

In a 5-to-4 decision, the Supreme Court ruled that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA). In an opinion written by Justice Thomas, and joined by Justices...more

BCLP

Supreme Court Rejects “Narrow” Reading of Overtime Exemption and Concludes that Auto Dealership Service Advisors are Exempt From...

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On its second trip to the U.S. Supreme Court, a six-year-long dispute between five auto dealership employees and their employer came to an end when the Supreme Court found that the employees were properly classified as exempt...more

Proskauer - Law and the Workplace

SCOTUS Soundly Rejects Notion That FLSA Exemptions Are To Be “Narrowly Construed”

In an April 2, 2018 decision of otherwise narrow appeal to most employers (whether the exemption in Section 13(b) (10)(A) of the Fair Labor Standards Act for an automobile “salesman, partsman, or mechanic” applies to “service...more

Holland & Knight LLP

Supreme Court Rejects Narrow Interpretation of FLSA Statutory Exemptions

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• In Encino Motorcars, LLC v. Hector Navarro, et al., the U.S. Supreme Court decided 5-4 that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA). • The Court held...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS Rules That Car Dealership Service Advisors Are Exempt, Puts the Brakes On Overtime Claims

In its April 2, 2018, decision in Encino Motorcars, LLC v. Navarro, the Supreme Court of the United States issued its second opinion in this case and definitively ruled that automobile service advisors are exempt from...more

Seyfarth Shaw LLP

Encino Motorcars, LLC v. Navarro: SCOTUS Puts The Brakes On Faulty FLSA Construction Language

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Seyfarth Synopsis: Employers seeking to show that they correctly have classified an employee as exempt from the FLSA’s overtime requirements often have faced hostility from courts under the misimpression that FLSA exemptions...more

Fisher Phillips

Supreme Court Gives Dealerships The Green Light: Service Advisors Are Exempt From FLSA Overtime Requirements

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The Supreme Court today handed auto dealerships—especially those on the west coast—a long-awaited 5-4 victory by holding that service advisors are exempt from the Fair Labor Standards Act’s overtime-pay requirement because...more

Littler

WPI Wage Watch: Minimum Wage & Overtime Updates (January Edition)

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2018 may have barely begun, but minimum wage and overtime activity at the local, state – and even federal – levels is well underway. Settle in – we’ve got a lot to cover....more

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