Employment Law This Week (Episode 112: Week of April 9, 2018) has released bonus footage of its interview with Paul DeCamp, a Member of the Firm at Epstein Becker Green.
As Mr. DeCamp discusses, the Supreme Court of the United States has rejected a narrow construction for Fair Labor Standards Act (“FLSA”) overtime exemptions. The U.S. Court of Appeals for the Ninth Circuit held that certain auto service advisors were not exempt because their position is not specifically listed in the FLSA auto dealership exemption. For this ruling, the Ninth Circuit relied on the principle that such exemptions should be interpreted narrowly. In a 5-4 decision last week, the Supreme Court found no “textual indication” in the FLSA for a narrow construction. Applying a “fair interpretation” standard instead, the Supreme Court ruled that the exemption applies to service advisors because of the nature of their work.
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