II-31- The Changing 9 to 5 From 1980 to Today
Most entrepreneurs dream of someday selling their company. There are several steps they should be taking well in advance to ensure a profitable exit. Procopio Partner Bill Eigner identified 8 key steps business owners should...more
“How did you go bankrupt? “Two ways. Gradually, then suddenly.” - Ernest Hemingway, The Sun Also Rises Whether from internal or external factors, every company at some point will experience financial stress. The key to...more
THE ROLE OF A STUDENT ADVISOR - If a student finds themselves involved in a Title IX proceeding, whether as complainants or respondents, or any other form of student conduct or disciplinary process, it is crucial that they...more
Life sciences companies often engage physicians as consultants and advisors to serve on scientific or clinical advisory boards, or to otherwise obtain their expertise relating to product-specific research and development,...more
There are a variety of forms that equity compensation can take, but the two most prevalent in the startup environment when the startup is a corporation are restricted stock and stock options. Many new entrepreneurs are...more
Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and...more
While not binding nationwide, a recent federal court decision should put to rest any legitimate argument that dealership parts counterpeople are not overtime exempt under federal law. Based on the concept that Fair Labor...more
Seyfarth Synopsis: The California Court of Appeal has upheld the validity of pay plans that guarantee a wage that meets or exceeds the minimum wage for all hours worked during a pay period, but that also enables the employees...more
The U.S. Department of Labor (DOL) has issued six new opinion letters addressing various matters under the federal Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA). ...more
WARNING: If you are a regular recipient of the Dealership Update or a Fisher Phillips client, chances are that you will not necessarily learn anything new by reading this article. When you hear that a dealership settled a...more
The U.S. Supreme Court recently gave relief to automotive, tractor, and aircraft dealerships, clarifying that service advisors are – like salesmen, partsmen, and mechanics – exempt from payment of overtime under the Fair...more
The United States Supreme Court concluded its 2017-2018 term with a bang, issuing decisions in several highly publicized cases impacting labor and employment, including Epic Systems Corp. v. Lewis and Janus v. AFSCME. This...more
The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more
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
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 were an unprecedented number of changes all through 2017. And if the first four months...more
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
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
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
Spring may have been slow to arrive in some parts of the country this year, but the courts, state legislatures, and government agencies have been moving full speed ahead. In April, the U.S. Supreme Court issued a potentially...more
The United States Supreme Court has recently ruled that service advisors at car dealerships are exempt from the overtime pay requirements of the federal Fair Labor Standards Act (FLSA), clarifying an issue that has gone back...more
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
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
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
It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. ...more
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