The Supreme Court is currently reviewing whether to accept a case out of California that found that service advisors or parts advisors are not exempt from the FLSA and are therefore entitled to overtime for hours worked in excess of 40 in a workweek. This decision Navarro et al. v. Encino Motorcars, LLC – was in stark contrast with […]
President Obama Announces FLSA Rule Change — More Workers Will Be Entitled to Overtime
The white collar exemptions to overtime pay — the Administrative, Professional, and Executive Exemptions — require among other things that the relevant worker be paid a fix minimum per week. Currently that salary must be at least $23,660 per year (we discussed this issue in more detail here). When that regulation was originally passed, $23,000 went a lot […]
Supreme Court Backs the Department of Labor: Interpretations by the DOL are Not Subject to A Notice and Comment Process
In March 2010 the DOL of Labor issued the Administrator’s Interpretation No. 2010-1 (the “Interpretation”), which provided an interpretation that employees who perform the “typical” duties of a mortgage loan officer employee do not satisfy the duties requirements of the FLSA’s administrative exemption. In so doing, the 2010 interpretation withdrew a 2006 opinion letter that reached […]
Are You Owed Overtime For Working Through Your Meal Break?
Under the Fair Labor Standards Act or FLSA, as well as various state wage laws, an employer must pay for time worked, even if it is done during your lunch break. Just because you eat does not mean that you are taking a lunch break. The real question is whether you are doing work for […]