Real World Impact: On November 15, 2024, United States District Judge Sean Jordan granted a motion for summary judgment invalidating the U.S. Department of Labor’s (DOL) rule in its entirety which had increased the salary...more
Executive Summary: On July 1, 2024, the federal court for the Northern District of Texas issued a decision in Flint Avenue, LLC v. U.S. Department of Labor, denying the plaintiff employer’s request for a nationwide...more
7/3/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Highly Compensated Employees ,
Labor Reform ,
Minimum Salary ,
Non-Exempt Employees ,
Over-Time ,
Preliminary Injunctions ,
Salaried Employees ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
Real World Implications of Challenges to the Rule: A federal district court in Texas has enjoined the DOL’s 2024 Salary Rule (which takes effect today, July 1, 2024) for employees of the state of Texas, and we anticipate a...more
7/1/2024
/ Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
Texas ,
Wage and Hour ,
White-Collar Exemptions
Executive Summary: As summer is now in full swing, we find it timely to distribute our Restaurant Employment Law Compliance Checklist. The following 12 topics create compliance challenges in the restaurant industry –...more
7/8/2019
/ #MeToo ,
Americans with Disabilities Act (ADA) ,
Arbitration Agreements ,
Ban the Box ,
Child Labor ,
Decriminalization of Marijuana ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
Joint Employers ,
Marijuana ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Paid Leave ,
Pay Equity Laws ,
Public Accommodation ,
Restaurant Industry ,
Restrictive Covenants ,
Sexual Harassment ,
Wage and Hour
On April 2, 2018, the U.S. Supreme Court ruled 5-4 in Encino Motorcars, LLC v. Navarro that service advisors at automotive dealerships are exempt from overtime. The exemption at issue involves “any salesman, partsman or...more
4/3/2018
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Congressional Intent ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Legislative History ,
Navarro v Encino Motorcars ,
Over-Time ,
Reversal ,
Salespersons ,
SCOTUS ,
Service Advisors ,
Statutory Construction Test ,
Wage and Hour
On January 9, 2017, the U.S. Ninth Circuit Court of Appeals ruled in Navarro v. Encino Motorcars, for the second time, that service advisors at automotive dealerships are not exempt from overtime. In 2015, the Ninth Circuit...more
1/11/2017
/ Appeals ,
Automotive Industry ,
Car Dealerships ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Navarro v Encino Motorcars ,
Non-Exempt Employees ,
Over-Time ,
SCOTUS ,
Service Advisors ,
Wage and Hour ,
White-Collar Exemptions