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
12/4/2023
/ 401k ,
Acquisitions ,
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Given the tumultuous news that occupied all of our attentions last week, you may have missed the announcement that President-elect Biden has nominated Boston Mayor Marty Walsh to be the next Secretary of Labor – the first...more
1/11/2021
/ Affirmative Action ,
Department of Labor (DOL) ,
Equal Pay ,
Foreign Workers ,
Immigration Procedures ,
Independent Contractors ,
Joint Employers ,
Paid Leave ,
Pay Equity Laws ,
Presidential Nominations ,
Secretary of Labor ,
Wage and Hour ,
Workplace Safety
Last month, the U.S. Department of Labor (DOL) gave car dealers welcome news. In an opinion letter interpreting the federal Fair Labor Standards Act (FLSA), the DOL found that incentive payments paid directly by the...more
8/5/2020
/ Car Dealerships ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Incentive Compensation ,
Manufacturers ,
Minimum Wage ,
New Guidance ,
Opinion Letter ,
Salespersons ,
Wage and Hour
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 have been an unprecedented number of changes for the past few years—and this past month...more
10/11/2018
/ #MeToo ,
Background Checks ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Discrimination ,
Epic Systems Corp v Lewis ,
Governor Brown ,
Hiring & Firing ,
Joint Employers ,
Lactation Accommodation ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Sexual Harassment ,
Unions
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
5/14/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
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Navarro v Encino Motorcars ,
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Reversal ,
Salespersons ,
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Service Advisors ,
Statutory Construction Test ,
Wage and Hour
During the Obama administration, the U.S. Department of Labor (DOL) placed special emphasis on scrutinizing the alleged misclassification of independent contractors and joint employer relationships. Dealerships were notably...more
8/4/2017
/ Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Obama Administration ,
Secretary of Labor ,
Third-Party Service Provider ,
Trump Administration ,
Wage and Hour ,
Withdrawal
The United States Department of Labor (USDOL) recently announced proposed revisions to some of the most commonly used exemptions to minimum wage and overtime, saying it will “extend overtime protections to roughly five...more
Over the last year, there has been an increase in dealership payroll audits by the U.S. Labor Department (DOL). Some DOL investigators have implied that these audits are part of a broad internal "initiative" to check...more
We expect that our dealership clients are now familiar with the U.S. Labor Department’s continued attack on the exempt status of dealership service advisors. ...more
In April 2011, the U.S. Labor Department disavowed its 24-year-long acknowledgment that the federal Fair Labor Standards Act's Section 13(b)(10)(A) overtime exemption applies to automobile-dealership employees doing the...more