News & Analysis as of

Wage and Hour Automotive Industry

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

Auto Dealer Snapshot Takes Deeper Dive into Industry Attitudes Related to Economic Uncertainty

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The news that the economy has shrunk for a second straight quarter might not come as a surprise to businesses in the automobile industry. After all, the results of our FP Flash Survey on Economic Uncertainty revealed that...more

Fisher Phillips

Dealerships are Feeling Workforce Shortages: 5 Ways to Attract and Retain Qualified Workers

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Labor shortages are not new to the dealership industry. Dealers have known for years that they have to be creative to attract all types of employees, from technicians to salespeople. Unfortunately, the pandemic has enhanced...more

Littler

Eleventh Circuit Holds FLSA Administrative Exemption Applies to Business Development Managers Who Drove Business to Car...

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On April 1, 2022, the U.S. Court of Appeals for the Eleventh Circuit, in Brown v. Nexus Business Solutions, LLC affirmed a district court’s decision that business development managers who solicited and sold General Motors...more

Clark Hill PLC

Clark Hill 2022 Automotive & Manufacturing Industry Outlook: Labor and Employment

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This is shaping up to be another busy year for Human Resource departments. Beyond the COVID pandemic, there is no shortage of issues Automotive and Manufacturing employers must pay attention to and address. Being proactive in...more

Robins Kaplan LLP

Financial Daily Dose 7.15.2020 | Top Story: America’s Biggest Banks Setting Aside Tens of Billions for Anticipated Loan Losses

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The latest quarterly reporting shows that America’s biggest banks—among them, JPMorgan, Citigroup, and Wells Fargo—are taking self-imposed hits now in anticipation of a “wave of loan losses” later. Those three are...more

Genova Burns LLC

Car Sales Incentives Count Toward Minimum Wage, According to DOL Letter

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In a series of opinion letters released Thursday, the U.S. Department of Labor announced that car dealerships may use incentive payments from automakers to help meet their obligation to pay salespeople minimum wage. The...more

Fisher Phillips

FAQs On COVID-19 For Automobile Dealerships

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The “Families First Coronavirus Response Act” will take effect on April 1, 2020, ushering in an emergency expansion of the federal Family and Medical Leave Act and federal paid sick, among other things. The Fisher Phillips...more

Fisher Phillips

California Auto Dealers’ Workplace FAQs Regarding COVID-19 Coronavirus

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California is under a shelter-in-place order that threatens to impact businesses throughout the state. Meanwhile, the “Families First Coronavirus Response Act” will take effect on April 2, 2020, ushering in an emergency...more

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

USMCA Review: A New Deal for Labour in the ‘New NAFTA’

The United States–Mexico–Canada Agreement (USMCA) is a free-trade pact that was announced on November 30, 2018. This agreement changes the current rules governing North American trade contained in the North American Free...more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

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Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

Robins Kaplan LLP

Financial Daily Dose 10.2.2019 | Top Story: Johnson & Johnson Pays Out $20 Million to Avoid First Opioid Trial

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Johnson & Johnson doled out $20 million to two Ohio counties rather than go through with its first federal opioid-related trial. The money is rather small potatoes for J&J, but it marks the “first time . . . the world’s...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

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Amazon announced yesterday that it will immediately raise the minimum wage it pays to all 250,000 of its employees (and the 100k it plans to hire for the holiday season) to at least $15/hour, more than double the current...more

Fisher Phillips

Top 10 Things All Employers Need To Know About Autonomous Vehicles

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We’re living at a time when a unique convergence of multiple trends is ensuring that autonomous vehicles (AVs) will soon change life as we know it. On the technology side, vehicles are trending towards being electrified and...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

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

Fisher Phillips

Don’t Forget About Minimum Wage And Recordkeeping!

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No doubt last month’s Navarro ruling in the Supreme Court was a big win for retail automotive. That decision affirmed that the same federal overtime exemption that applies to a “salesman, partsman, and mechanic” also applies...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

Fisher Phillips

E=mc2 - What Einstein Can Teach Your Dealership About Drafting Pay Plans

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I bet you’ve heard of the famous equation E=mc2. You may know that Albert Einstein is credited as its developer. You may even know that it’s often called the Theory of Relativity. But, like most people, you might not know...more

Clark Hill PLC

U.S. Supreme Court Rejects Narrow Construction of FLSA Exemptions, Exempts Auto Service Advisors from Federal Overtime...

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The United States Supreme Court has recently ruled that service advisors at car dealerships are exempt from the overtime pay requirements of the federal Fair Labor Standards Act (FLSA), clarifying an issue that has gone back...more

K&L Gates LLP

Working Wise: How the Supreme Court’s New Overtime Decision May Impact the Future of FLSA Exemptions

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In this podcast, David Lindsay discusses the Supreme Court's recent decision in Encino Motor Cars v. Navarro et al., finding that auto service advisers are exempt employees and not covered by the overtime pay requirements of...more

Fisher Phillips

The Final Word: Service Advisors Are Exempt From Federal Overtime Laws

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It’s finally over; we can now say definitively that service advisors employed by automobile dealerships are exempt from federal overtime requirements. If you haven’t been following this story ... what have you been doing? ...more

Foley & Lardner LLP

Supreme Court Overtime Case Signals A Pro-Employer Shift

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What keeps employers up at night? The prospect of collective action overtime lawsuits under the Fair Labor Standards Act (FLSA) is right at the top of the list of human resources nightmares....more

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