News & Analysis as of

Salespersons

JCOPE Promulgates New Lobbying Regulations; Kansas Expands Scope of Lobbying Law

Below, we have summarized recent developments regarding New York and Kansas lobbying requirements. New York Lobbying Regulations - On April 24, 2018, the New York Joint Commission on Public Ethics (JCOPE) voted to...more

Supreme Court Introduces “Fair” Reading Of FLSA Exemptions

by 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

Don’t Forget About Minimum Wage And Recordkeeping!

by Fisher Phillips on

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

Early thoughts on this Supreme Court term

by McNair Law Firm, P.A. 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

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

by Fisher Phillips on

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

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

by 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

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

by 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...more

Court Affirms Ruling in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law

by CloudNine on

Remember the lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their...more

Employment Flash - April 2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

FLSA Tide Continues to Turn in Favor of Employers as SCOTUS Puts an End to the Narrow Construction of FLSA Exemptions

by Reminger Co., LPA on

Over the last year and a half, employers have been the beneficiary of several favorable developments from the Department of Labor, National Labor Relations Board, and now the United States Supreme Court in Navarro v. Encino...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

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

U.S. Supreme Court Rejects Narrow Construction of FLSA Exemptions

On April 2, the U.S. Supreme Court held, in Encino Motorcars, LLC v. Navarro, that service advisors at automobile dealerships are exempt from the overtime requirements of the Fair Labor Standards Act. The Court was divided...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

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

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

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

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

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

by 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

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