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Sales Commissions Fair Labor Standards Act (FLSA) Supreme Court of the United States

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

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

Tonkon Torp LLP

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

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

Akerman LLP

Vehicle Dealers Service Advisors Are Exempt From Overtime

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

Holland & Knight LLP

Supreme Court Rejects Narrow Interpretation of FLSA Statutory Exemptions

Holland & Knight LLP on

• 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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Encino Motorcars, LLC v. Navarro

On April 2, 2018, the Supreme Court decided Encino Motorcars, LLC v. Navarro, No. 16-1362, holding in a 5-4 decision that the Fair Labor Standards Act (FLSA) exempts service advisors at car dealerships from the Act’s...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Rejects "Narrow Construction Principle" in Cases Interpreting Fair Labor Standards Act Exemptions

In a case analyzing a limited-use exemption to the overtime requirements of the Fair Labor Standards Act (the exemption at issue applies to salesmen and mechanics primarily engaged in selling or servicing automobiles), the...more

BakerHostetler

Supreme Court Exemption Decision Could Have Broader Repercussions

BakerHostetler on

Need FLSA exemptions be narrowly construed? On April 2, the United States Supreme Court issued its decision on the issue of whether the Fair Labor Standards Act’s (FLSA) exemption for those selling or servicing automobiles...more

McNees Wallace & Nurick LLC

Service Advisors at Auto Dealerships: An FLSA Exemption Case Makes its Way Back to the Supreme Court

The United States Supreme Court will address again whether service advisors are exempt from overtime compensation requirements of the Fair Labor Standards Act (“FLSA”)....more

Franczek P.C.

What Is The Section 7(i) Exemption And Does It Apply To Auto Dealer Service Advisers?

Franczek P.C. on

Over the summer, the U.S. Supreme Court punted on the question of whether “Service Advisers” or “Service Writers” at auto dealerships fall within the Fair Labor Standards Act’s exemption for “any salesman, partsman, or...more

Parker Poe Adams & Bernstein LLP

Supreme Court Passes Automobile Dealership Service Advisor Exemption Issue Back to Lower Court

On June 20, 2016, the U.S. Supreme Court declined to provide a definitive opinion on a pay issue that has concerned automobile dealerships for years. The question involves whether dealership service advisors fall under the...more

Baker Donelson

Financial Services Industry: Be Aware of Proposed White Collar Overtime Regulations

Baker Donelson on

The financial services area received a defeat earlier this year when the United States Supreme Court in March upheld the Department of Labor's (DOL) Administrative Interpretation concluding that mortgage loan officers do not...more

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