Friday, September 29, 2017

The other employment law SCOTUS cert. grant . . .

Of course, the big news yesterday was that SCOTUS is going to take another look at Abood (constitutionality of compulsory union dues for public employees). However, the Supreme Court also granted certiorari in Encino Motorcars, LLC v. Navarro to address:
Whether service advisors at car dealerships are exempt under 29 U.S.C. § 213(b)(10)(A) from the Fair Labor Standards Act's overtime-pay requirements.
The FLSA is chock-full of exemptions, including one for “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.” 29 U.S.C. §213(b)(10)(A). That's a pretty narrow exemption so this case will likely be irrelevant to most employers, but incredibly important to car dealerships.