News & Analysis as of

Wage and Hour Legislative History

Ervin Cohen & Jessup LLP

Ninth Circuit Clarifies Standard for “Client Employer” Liability

On June 1, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit held that berry distributors were not liable as “client-employers” of agricultural workers. The plaintiff agricultural workers...more

BCLP

Pay Transparency and Equity Issues

BCLP on

History of Pay Inequality - Pay discrimination is not new in the United States. In 1963, Congress enacted the Equal Pay Act to address a centuries-old problem of sex-based discrimination in the payment of wages by...more

Holland & Hart - Employers' Lawyers

CO’s ‘Use-It-Or-Lose-It’ Vacation Laws in Flux After New Regulations

Recently, Colorado’s Department of Labor and Employment (CDLE) proposed certain amendments to the rules promulgated under Colorado’s Wage Protection Act (WPA) and the Colorado Wage Claim Act (CWCA) related to the payout of...more

Proskauer - Law and the Workplace

N.Y. Court of Appeals Delivers Wage and Hour Victory to Home Care Industry Employers

On March 26, 2019, New York’s highest court delivered a victory for employers in the home care industry, clarifying that employers need only compensate home health aides for 13 hours of a 24-hour shift, provided the employees...more

Fisher Phillips

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

Fisher Phillips on

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

Fisher Phillips on

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

Burr & Forman on

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

K&L Gates LLP

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

K&L Gates LLP on

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

Fisher Phillips on

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

Foley & Lardner LLP on

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

Fisher Phillips

A "Fair" Reading of FLSA Exemptions: The Supreme Court Holds that Service Advisors Are Exempt from Federal Overtime Laws

Fisher Phillips on

If you're not a car dealer and you missed the Supreme Court's decision last week in Encino Motorcars, LLC v. Navarro, we forgive you. After all, at first blush, the decades-long battle over application of the "salesman"...more

Troutman Pepper

United States Supreme Court Revises Standard For Review Of Exempt Classification

Troutman Pepper on

Q. I heard that the U.S. Supreme Court just issued a ruling finding that auto service workers are exempt from overtime pay. My company is not in the automobile industry. Will this opinion apply to us?...more

Eversheds Sutherland (US) LLP

Auto dealers and the exempt service advisor

Auto dealers finally have the answer they have sought regarding compensation for service advisors—and it is favorable. On April 2, 2018, the US Supreme Court issued its much-awaited decision in Encino Motorcars LLC v....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

Littler

Employers, Rev Your Engines: SCOTUS Rejects Narrow Construction of FLSA Exemption in Encino Motorcars, LLC v. Navarro

Littler on

The Fair Labor Standards Act (FLSA) requires employers to pay overtime compensation to covered employees, but exempts from overtime numerous categories of workers. ...more

Mintz - Employment Viewpoints

U.S. Supreme Court Broadens Construction of FLSA Overtime Exemption

On Monday of this week, the U.S. Supreme Court reversed the Ninth Circuit when it ruled in Encino Motorcars, LLC v. Navarro that auto dealership service advisors are exempt from the FLSA’s overtime requirements. The justices’...more

Snell & Wilmer

U.S. Supreme Court Adopts a “Fair Reading” Standard for FLSA Exemptions

Snell & Wilmer on

On April 2, 2018, the U.S. Supreme Court issued its highly anticipated ruling in Encino Motorcars, LLC v. Navarro. Marking the second time the case was heard by the Supreme Court, the Court held that automobile dealership...more

Akerman LLP - HR Defense

Supreme Court Expands Interpretation of Overtime Exemption

Employers 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 exemptions...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

Sands Anderson PC

U.S. Supreme Court Says Auto Service Advisors Exempt From Overtime Pay

Sands Anderson PC on

The United States Supreme Court ruled on April 2 that automobile service advisors are exempt from overtime pay. The Court’s decision addressed an interpretation of a statute under the Fair Labor Standards Act (“FLSA”). In...more

Butler Snow LLP

Supreme Court Finds that Car Dealership Service Personnel Exempt from FLSA Overtime Requirements

Butler Snow LLP on

On April 2, 2018, the U.S. Supreme Court issued a decision, Encino Motorcars, LLC v. Navarro, interpreting what is known as the “auto dealers exemption” under the Federal Labor Standards Act (“FLSA”)....more

Burr & Forman

U.S. Supreme Court Signals Broader Application of FLSA Exemptions

Burr & Forman on

On April 2, 2018, the United States Supreme Court ruled in Encino Motorcars, LLC v. Navarro that automotive service advisers are exempt from overtime pay requirements under the FLSA. In its 5-4 decision authored by Justice...more

Jackson Lewis P.C.

Supreme Court Exempts Auto Service Advisors From Overtime, Rejects ‘Narrow Construction’ Principle In Applying FLSA Exemptions

Jackson Lewis P.C. on

After years of litigation, including two trips to the U.S. Supreme Court, on whether service advisors who work in an automobile dealership are exempt from overtime under the Fair Labor Standards Act (FLSA), the Court finally...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

Franczek P.C.

Supreme Court Rules Auto Service Advisers Are Exempt From Overtime

Franczek P.C. on

Earlier yesterday (April 2, 2018), the U.S. Supreme Court ruled that auto service advisers (also commonly referred to as “service writers”) are exempt from overtime under the Fair Labor Standards Act (“FLSA”). ...more

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