No Overtime This Time... Supreme Court Holds Service Advisors Are Exempt Under The FLSA

Randi Klein Hyatt
Randi Klein Hyatt
04/04/2018
On April 2, 2018, the Supreme Court, with its second consideration of the same case, held in a 5-4 decision, that automobile service advisors are exempt from overtime under the Fair Labor Standards Act (FLSA).  In Encino Motorcars, LLC v. Navarro, the Supreme Court held that service advisers fall under the FLSA exemption applicable to “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm...
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Class Actions, Collective Bargaining and a Colorado Cakeshop: Why The Supreme Court’s Fall Term Matters for Employers

Bernadette Hunton
Bernadette Hunton
10/03/2017
The 2017-2018 Supreme Court  term could be a very significant one for employment law.  With a newly constituted conservative majority, the Court is poised to decide three cases that will likely have far-reaching implications on public sector collective bargaining, class action litigation, and discrimination on the basis of sexual orientation. Are Class Action Waivers in Arbitration Agreements Legal? The Supreme Court kicked off its fall term on...
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Trump Nominates Gorsuch to Fill Vacant Supreme Court Seat

Bernadette Hunton
Bernadette Hunton
02/02/2017
It was a chatty ride to preschool with my Girl Child yesterday morning.  We watched President Trump’s announcement of his SCOTUS nominee, Tenth Circuit Judge Neil Gorsuch last night, and she was engaging me in a game of rapid fire questions in an attempt to sort out the meaning of “nominee” in her four year old brain.  What does that mean?  What if they [Congress] say “No?” When do we get the real answer?  And (my favorite): Will Judge...
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NLRB Decision Will Serve as Sole Labor Related Case Appointed to Supreme Court Docket

Bernadette Hunton
Bernadette Hunton
10/07/2016
The Supreme Court started its new term Tuesday, which just one labor-related case on its docket.  While the decision could have far reaching effects on presidential powers to appoint officers, it is likely to have little impact on this particular area of law.  Below is a summary of the case. NLRB v. SW Gen., Inc., No. 15-1251, cert. granted (6/20/16). On June 20, the Supreme Court granted the NLRB’s petition for review of a D.C. Circuit decision...
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The Supreme Court Delivers Some Bad News To The Post Office

Yesterday, the Supreme Court issued its decision in Green v. Brennan, U.S. No. 14-613 (May 23, 2016), holding that the statute of limitations for a former Postmaster's Title VII constructive discharge claim begins on the date he gave notice of his resignation, and not on the date of the employer's alleged last discriminatory act. Former Postmaster Marvin Green had 45-days, under the limitations period applicable to federal sector Title VII claims,...
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Tyson Foods Loses FLSA Class Action, But May Be Able to Carve Up Damages Award

Kollman & Saucier
Kollman & Saucier
04/06/2016
Class-action lawsuits are typically viewed as high-risk, high-reward endeavors.  In its recent decision in Tyson Foods, Inc. v. Bouaphakeo, the Supreme Court pointed out both sides of this double-edged sword in the context of a unpaid overtime claim under the Fair Labor Standards Act (FLSA).  577 U.S. ___ (2016). Federal Rule 23 permits parties to bring lawsuits as a class of people, rather than as individuals, if certain requirements are met. ...
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Public Sector Unions Will Live to Fight Another Day

In addition to being the final arbiter of cases raising questions of federal law, the United States Supreme Court is sometimes asked to stay the scheduled execution of death row inmates.  With the unexpected passing of Justice Antonin Scalia on February 13th, the Court may have granted a stay of of execution to labor unions  representing government employees. On January 11, 2016, the Supreme Court heard oral arguments  in Friedrichs v. California...
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Strange Bedfellows in SCOTUS Arbitration Ruling

Darrell VanDeusen
Darrell VanDeusen
12/15/2015
In a 6-3 decision, the Supreme Court has decided that satellite television customers are required to individually arbitrate their disputes with the provider, DirecTV. The Court held that the Federal Arbitration Act (FAA) preempts the use of a California state law that said such a provision was unenforceable. DirecTV, Inc. v. Imburgia, 2015 U.S. LEXIS 7999 (Dec. 14, 2015). The decision, which will apply equally to employment and commercial contracts,...
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Supreme Court to Decide Time Limits for Filing Constructive Discharge Claim

On November 30, the Supreme Court heard oral argument in Green v. Brennan (Case No. 14-613), a case in which the justices must decide when the “clock starts ticking” for purposes of constructive discharge claims. Unlike conventional discharge claims, in which the employer makes the decision to terminate the employee, constructive discharge claims arise where the employee voluntarily decides to end his or her employment (on the theory that his or...
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Nine Employment Cases Appear On The Supreme Court's 2015-16 Docket

Randi Klein Hyatt
Randi Klein Hyatt
10/02/2015
When the Supreme Court begins its 2015-16 Term on October 5, 2015, it will have nine different employment cases to consider.  In Heffeman v. City of Paterson, No. 14-1280, the Court will consider a police officer's claim that his supervisors violated his First Amendment rights by demoting him because of his perceived political preferences.  In MNH Gov't Services Inc. v. Zaborowski, No. 14-1458, the Court will decide whether a California state court...
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