News & Analysis as of

Exempt-Employees

DOL Issues Updated Overtime Guidance to Colleges & Universities under the FLSA

On April 12, 2018, the DOL issued a new Fact Sheet for Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act. The Fact Sheet addresses the common exemptions applicable to Institutions of Higher...more

DOL Publishes New Fact Sheet Regarding Overtime Regulations for Higher Education Employees

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a new fact sheet concerning “the applicability of [the white collar] exemptions [of the Fair Labor Standards Act] to jobs that are...more

April Snow Brings Employers Flurry of FLSA Guidance

by Hirschfeld Kraemer LLP on

April is already 17 days old and Washington D.C. is still under threat of snow – but bad weather has brought with it a flurry of action surrounding the Fair Labor Standards Act (“FLSA”). In addition to the United States...more

Supreme Court Overtime Case Signals A Pro-Employer Shift

by 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

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

by Cozen O'Connor on

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

Supreme Court Reduces Burden of Showing Jobs Are Exempt Under the FLSA

by Miles & Stockbridge P.C. on

In Encino Motorcars LLC v. Navarro, 2018 WL 1568026 (Apr. 2, 2018) (“Encino Motorcars II”), the Supreme Court recently concluded that “service advisors” in a car dealership were not entitled to overtime pay under the Fair...more

High Court Says No More Narrow Construction Standard For FLSA Exemptions

by SmithAmundsen LLC on

On April 2, 2018 in the matter of Encino Motorcars, LLC v. Navarro, No. 16-1362, 2018 WL 1568025 (U.S. Apr. 2, 2018), the Supreme Court rejected the long held principle that exemptions to the Fair Labor Standards Act (FLSA)...more

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

by 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

Employers prevail in auto service advisors FLSA exemption decision

by McAfee & Taft on

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

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

United States Supreme Court Revises Standard For Review Of Exempt Classification

by Pepper Hamilton LLP 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

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

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

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

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

by 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

Supreme Court Rejects Narrow Construction of FLSA Exemptions

by Harris Beach PLLC on

On April 2, 2018, the Supreme Court rejected the longstanding principle that Fair Labor Standards Act (“FLSA”) exemptions must be construed narrowly, holding that service advisors at a California automobile dealership are...more

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

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

The Supreme Court Evens the Playing Field Under the FLSA

by Taylor English Duma LLP on

On April 2, 2018, the United States Supreme Court issued an opinion that could have significant impact in the defense of misclassification claims under the Fair Labor Standards Act (“FLSA”). In Encino Motorcars, LLC v....more

U.S. Supreme Court Restores Status Quo For Automobile Service Advisors

by Tonkon Torp LLP on

On April 2, 2018, the United States Supreme Court, in a 5-4 decision, resolved a circuit split by concluding that auto dealership service advisors are exempt from the overtime requirements under the federal Fair Labor...more

Vehicle Dealers Service Advisors Are Exempt From Overtime

by Akerman LLP on

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

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

by 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

Supreme Court Expands Interpretation of Overtime Exemption

by Akerman LLP - HR Defense on

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

Supreme Court Adopts More Expansive View of FLSA Exemptions

by Foley Hoag LLP on

Since the 1950s, the U.S. Supreme Court has taken the view that the exemptions to the Fair Labor Standards Act (“FLSA”), which exempt employees from the FLSA’s minimum wage and overtime requirements, should be interpreted...more

SuperVision - Labor & Employment Law Insights - Issue 1, April 4, 2018

In this issue of SuperVision, Spencer Cook examines one of the offshoots of the #MeToo movement--the tax ramifications of settling harassment lawsuits. Mitch Rhein explores a recent Supreme Court decision redefining the...more

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