News & Analysis as of

White-Collar Exemptions Supreme Court of the United States Chevron Deference

Constangy, Brooks, Smith & Prophete, LLP

Court blocks new FLSA salary thresholds... but only for State of Texas employees

There was good news and bad news on Friday from one of the lawsuits challenging the U.S. Department of Labor’s regulation increasing the salary threshold for the so-called white-collar exemptions to the overtime requirements...more

Littler

U.S. Supreme Court Rolls Back “Deference” to Federal Agencies and Opens Up More Challenges to Regulations

Littler on

On Friday, June 28, the U.S. Supreme Court overruled Chevron, USA Inc. v. Natural Resources Defense Council. Chevron often required courts to defer to federal agencies when those agencies were interpreting statutes they...more

Ballard Spahr LLP

SCOTUS Nominee Gorsuch's Judicial Conservatism May Benefit Employers

Ballard Spahr LLP on

President Trump's nomination of Judge Neil M. Gorsuch could shape the U.S. Supreme Court for years to come because of the judge's relatively young age (49) and because he could be part of a conservative majority on the Court,...more

Fisher Phillips

Groundhog Day Comes Early For West Coast Auto Dealers: Another Loss In Service Advisor Exemption Battle

Fisher Phillips on

In a disappointing but perhaps unsurprising decision, the 9th Circuit Court of Appeals once again ruled that service advisors employed by automobile dealerships do not qualify for the Section 13(b)(10)(A) overtime exemption...more

Jackson Lewis P.C.

Ninth Circuit Reaffirms Service Advisors Eligible for Overtime, Setting Up Second Potential Trip to Supreme Court

Jackson Lewis P.C. on

The U.S. Supreme Court in 2016 granted certiorari in Encino Motorcars, LLC v. Navarro to resolve a circuit split regarding whether “service advisors” at automobile dealerships are exempt from receiving overtime under the Fair...more

Seyfarth Shaw LLP

SCOTUS Says DOL Needs to Explain Itself If It Wants Deference to its Regulations

Seyfarth Shaw LLP on

This week, the Supreme Court dealt a blow to the Department of Labor’s rulemaking procedures, criticizing the agency for explicitly changing its long-standing treatment of automobile service advisors as overtime exempt while...more

Jackson Lewis P.C.

Supreme Court Rejects Deference to DOL Regulation on FLSA Exemption Due to Failure to Provide Reasoned Explanation for Change

Jackson Lewis P.C. on

The Supreme Court granted certiorari in Encino Motorcars, LLC v. Navarro, No. 15-415 (June 20, 2016), to resolve a circuit court split regarding whether “service advisors” are exempt from receiving overtime pay under the Fair...more

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

Car Dealership’s Service Advisors’ Overtime Controversy Stalls in the Supreme Court

On June 20, 2016, the Supreme Court of the United States issued a ruling regarding the Fair Labor Standards Act’s (FLSA) overtime exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing...more

Nossaman LLP

Supreme Court Declines to Give Chevron Deference to Agency Regulation that Departed from Prior Agency Practice

Nossaman LLP on

On June 20, 2016, the U.S. Supreme Court issued a 6-2 opinion in Encino Motorcars, LLC v. Navarro et al., holding that the U.S. Department of Labor (Labor Department) was not entitled to receive Chevron deference with respect...more

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