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U.S. Supreme Court,
Civil Litigation,
Labor/Employment

Jul. 18, 2018

Encino: Deference challenged & ‘fair’ is back

On April 2 after two trips to the high court, the U.S. Supreme Court delivered automobile dealerships a decisive win by holding service advisors exempt from the Fair Labor Standards Act’s overtime-pay requirement.

Wakefield Taylor Courthouse

Wendy Mcguire Coats

Judge

Family

Pepperdine Univ Law School

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Todd B. Scherwin

Partner
Fisher & Phillips LLP

444 S Flower St Ste 1500
Los Angeles , CA 90071-2957

Phone: (213) 330-4500

Fax: (213) 330-4501

Email: tscherwin@fisherphillips.com

USC Law School

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Karl R. Lindegren

Partner
Fisher & Phillips LLP

Email: klindegren@fisherphillips.com

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Encino: Deference challenged & ‘fair’ is back
The Supreme Court's rejection of the anti-employer canon in Encino means that the judicial thumb is off the scale when it comes to FLSA exemption analysis. (Shutterstock)

THIS COLUMN APPEARED IN THE 2018 LABOR AND EMPLOYMENT SUPPLEMENT

On April 2 after two trips to the high court, the U.S. Supreme Court delivered automobile dealerships a decisive win in Encino Motorcars v. Navarro, holding service advisors exempt from the Fair Labor Standards Act's overtime-pay requirement. 2018 DJDAR 3005. The court agreed with the dealership that service advisors are exempt under 29 U.S.C. Section ...

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