News & Analysis as of

Wage and Hour Car Dealerships Employer Liability Issues

Fisher Phillips

The Auto Dealer’s Guide to FLSA Exemptions: An Inventory of Commonly Used Categories + Your Maintenance Plan to Stay Compliant

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Auto dealerships employ a wide range of workers and often maintain a variety of complex pay plans, which can make compliance with federal wage and overtime rules extra challenging. Since violations of the Fair Labor Standards...more

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Workplace Law Forecast 2025 - Your workplace law recap for 2024 and predictions for 2025 to help you prepare for the coming year.

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As we close out 2024 and look ahead to 2025, one thing is clear: this has been a year like no other. From a groundbreaking Supreme Court ruling to a pivotal election result that will usher in a new administration, employers...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

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Dealerships Avoid Wage Claims Against Detailer: 4 Tips to Keep it a “Them” Problem

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A Houston-based vendor that provides detailer, car wash, and valet services to area dealerships recently agreed to pay $166K to resolve an employee misclassification complaint filed with the United States Department of Labor...more

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The Top 18 Workplace Law Stories from August 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

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Big Changes Coming For Virginia Dealerships Thanks To New State Wage Law

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The Virginia Overtime Wages Act (VOWA), which goes into effect on July 1, 2021, codifies Virginia’s first overtime law and brings sweeping changes to Virginia employers’ wage and hour obligations. But more than that, VOWA...more

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Document, Document, Document: A Maryland Dealer Learns The Importance Of Regularly Updating Employment Forms

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There are three documents that dealerships should regularly review and update for compliance: the employee handbook, commission pay plans, and arbitration agreements, if applicable. As a Maryland dealership recently learned,...more

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The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

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You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Fisher Phillips

FAQs On COVID-19 For Automobile Dealerships

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The “Families First Coronavirus Response Act” will take effect on April 1, 2020, ushering in an emergency expansion of the federal Family and Medical Leave Act and federal paid sick, among other things. The Fisher Phillips...more

Fisher Phillips

California Auto Dealers’ Workplace FAQs Regarding COVID-19 Coronavirus

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California is under a shelter-in-place order that threatens to impact businesses throughout the state. Meanwhile, the “Families First Coronavirus Response Act” will take effect on April 2, 2020, ushering in an emergency...more

Fisher Phillips

What You Should Know About The New(est) “New Overtime Rule”

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As you no doubt have heard, the United States Department of Labor recently announced changes to federal wage and hour regulations that have been labeled the “new overtime rule.” These changes are scheduled to take effect on...more

Fisher Phillips

It’s Almost End-Of-Year – Time To Update Your Dealership’s Employee Handbook

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Let’s face it – your dealership’s employee handbook is likely out of date, even if you just updated it in the past few years. Labor and employment laws continue to undergo significant changes at an astonishing rate. As a...more

Littler

Easily “Shocked”? At Least for Wage Claims, California Supreme Court Lowers Standard for Unconscionability in Arbitration...

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In OTO, L.L.C. v. Kho, the California Supreme Court refused to enforce an employee’s arbitration agreement on the basis that it was unconscionable.  Unconscionability has long been a common-law defense to contract...more

Fisher Phillips

It Happened Again…

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WARNING: If you are a regular recipient of the Dealership Update or a Fisher Phillips client, chances are that you will not necessarily learn anything new by reading this article. When you hear that a dealership settled a...more

Fisher Phillips

Serenity Now – Looking Back On USDOL's Actions Mid-Year, And A Sneak Peek At What Might Be Coming

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We are almost half way through 2018, and this year has been filled with fast and furious changes at USDOL. Proposed tip credit changes (Check, including a reaction from Congress and more tip credit changes on the horizon)....more

Fisher Phillips

Web Exclusive - April 2018: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first four months...more

Fisher Phillips

E=mc2 - What Einstein Can Teach Your Dealership About Drafting Pay Plans

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I bet you’ve heard of the famous equation E=mc2. You may know that Albert Einstein is credited as its developer. You may even know that it’s often called the Theory of Relativity. But, like most people, you might not know...more

Cozen O'Connor

II-31- The Changing 9 to 5 From 1980 to Today

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This episode flashes back to 1980's 9 to 5 workplace, and then goes back to the future to compare today's workplace of emoji harassment, a new game-changing overtime exemption rule, the 1st ever employer antitrust complaint...more

Orrick - Employment Law and Litigation

Auto Dealership Sells Supreme Court on Service Advisor OT Exemption

On Monday, the U.S. Supreme Court ruled that service advisers at car dealerships are exempt from the Fair Labor Standards Act (FLSA). In Encino Motorcars v. Navarro, the majority, Chief Justice John Roberts and Justices...more

Akerman LLP

Vehicle Dealers Service Advisors Are Exempt From Overtime

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Vehicle dealerships may have a bit more flexibility in determining which employees are exempt from overtime following a U.S. Supreme Court ruling issued this week that specifically rejected the decades-old principle that...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 1, April 2018

In this issue of SuperVision, Spencer Cook examines one of the offshoots of the #MeToo movement--the tax ramifications of settling harassment lawsuits. Mitch Rhein explores a recent Supreme Court decision redefining the...more

Holland & Knight LLP

Supreme Court Rejects Narrow Interpretation of FLSA Statutory Exemptions

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• In Encino Motorcars, LLC v. Hector Navarro, et al., the U.S. Supreme Court decided 5-4 that service advisors at car dealerships are exempt from overtime pay under the Fair Labor Standards Act (FLSA). • The Court held...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS Rules That Car Dealership Service Advisors Are Exempt, Puts the Brakes On Overtime Claims

In its April 2, 2018, decision in Encino Motorcars, LLC v. Navarro, the Supreme Court of the United States issued its second opinion in this case and definitively ruled that automobile service advisors are exempt from...more

Fisher Phillips

New Year, Same Old Mistakes? Avoid Sexual Harassment At Your Dealership In 2017

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Our last several Dealership Update newsletters have focused on new developments in dealership employment law, from heightened scrutiny of dealership arbitration agreements and employee handbooks, to the union threat in the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Automobile Service Advisers Are Not Exempt Under the FLSA—At Least Not According to the Ninth Circuit

Navarro v. Encino Motorcars, LLC, No. 13-55323 (March 24, 2015): The plaintiffs in Navarro v. Encino Motorcars, LLC were “service advisors” at a Mercedes Benz dealership. The main duties of service advisors are to evaluate...more

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