News & Analysis as of

Congressional Intent Exempt-Employees Fair Labor Standards Act (FLSA)

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Fisher Phillips

Serenity Now – Looking Back On USDOL's Actions Mid-Year, And A Sneak Peek At What Might Be Coming

Fisher Phillips on

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

Fisher Phillips

Supreme Court Introduces “Fair” Reading Of FLSA Exemptions

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

Burr & Forman

Early thoughts on this Supreme Court term

Burr & Forman 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

K&L Gates LLP

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

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

Fisher Phillips

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

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 doing? ...more

Foley & Lardner LLP

Supreme Court Overtime Case Signals A Pro-Employer Shift

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

Fisher Phillips

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

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

Troutman Pepper

United States Supreme Court Revises Standard For Review Of Exempt Classification

Troutman Pepper 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

Eversheds Sutherland (US) LLP

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

Littler

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

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

Mintz - Employment Viewpoints

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

Snell & Wilmer

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

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

Akerman LLP - HR Defense

Supreme Court Expands Interpretation of Overtime Exemption

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

Butler Snow LLP

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

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

Burr & Forman

U.S. Supreme Court Signals Broader Application of FLSA Exemptions

Burr & Forman on

On April 2, 2018, the United States Supreme Court ruled in Encino Motorcars, LLC v. Navarro that automotive service advisers are exempt from overtime pay requirements under the FLSA. In its 5-4 decision authored by Justice...more

Jackson Lewis P.C.

Supreme Court Exempts Auto Service Advisors From Overtime, Rejects ‘Narrow Construction’ Principle In Applying FLSA Exemptions

Jackson Lewis P.C. on

After years of litigation, including two trips to the U.S. Supreme Court, on whether service advisors who work in an automobile dealership are exempt from overtime under the Fair Labor Standards Act (FLSA), the Court finally...more

Franczek P.C.

Supreme Court Rules Auto Service Advisers Are Exempt From Overtime

Franczek P.C. on

Earlier yesterday (April 2, 2018), the U.S. Supreme Court ruled that auto service advisers (also commonly referred to as “service writers”) are exempt from overtime under the Fair Labor Standards Act (“FLSA”). ...more

McNees Wallace & Nurick LLC

Supreme Court Holds that Auto Service Advisors are Exempt from Overtime Compensation

The United States Supreme Court has finally put to rest the issue of whether service advisors are exempt from the overtime compensation requirements of the Fair Labor Standards Act (FLSA)....more

FordHarrison

Supreme Court Rules that Service Advisors at Automotive Dealerships are Exempt from Overtime and Rejects Principle that Exemptions...

FordHarrison on

On April 2, 2018, the U.S. Supreme Court ruled 5-4 in Encino Motorcars, LLC v. Navarro that service advisors at automotive dealerships are exempt from overtime. The exemption at issue involves “any salesman, partsman or...more

Stinson LLP

Auto Service Advisors are Exempt Under the FLSA

Stinson LLP on

The U.S. Supreme Court held yesterday that auto service advisors, employees at car dealerships who consult with customers about their servicing needs and sell them servicing solutions, are exempt under the Fair Labor...more

Fisher Phillips

Supreme Court Gives Dealerships The Green Light: Service Advisors Are Exempt From FLSA Overtime Requirements

Fisher Phillips on

The Supreme Court today handed auto dealerships—especially those on the west coast—a long-awaited 5-4 victory by holding that service advisors are exempt from the Fair Labor Standards Act’s overtime-pay requirement because...more

Constangy, Brooks, Smith & Prophete, LLP

Obama Overtime Rule Is Declared Invalid – For Good? (Let’s Hope.)

Yesterday, U.S. District Court Judge Amos Mazzant followed up on his preliminary injunction ruling, issued last November, by rendering final judgment in favor of the business groups and state governments who had challenged...more

Bass, Berry & Sims PLC

Injunction of the DOL’s Overtime Rule and Its Appeal

Is the Department of Labor (DOL) overtime rule now dead? Will the overtime rule be modified to a more modest version? Much uncertainty remains regarding the recently announced overtime rule in both the legal and the political...more

Sheppard Mullin Richter & Hampton LLP

Texas Federal Court Blocks New Salary Restrictions for Exempt Employees

On November 22, 2016, a federal court in the Eastern District of Texas issued a preliminary injunction blocking the Department of Labor from enforcing new regulations that would have drastically reduced the number of white...more

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