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Category: Supreme Court

Service Advisor Question Sent Back to Ninth Circuit

The Supreme Court issued its decision today in Encino MotorCars, LLC v. Navarro . A background of the case is available here , but the question at issue was whether service advisors at car dealerships are exempt from the FLSA's overtime pay requirements. Reversing the Court of Appeals decision...

Supreme Court to Review “Service Advisors” Entitlement to Overtime

On Friday, the United States Supreme Court granted certiorari in a case where it will determine "whether 'service advisors' at car dealerships are exempt . . . from the FLSA's overtime pay requirements." Up for review is the Ninth Circuit's decision in Encino Motorcars, LLC v. Navarro , No...

Supreme Court Hears Oral Argument on Whether Agency Fees Paid to Public Sector Unions Constitute Compelled Speech in Violation of the First Amendment

On Monday, the Supreme Court heard oral argument in a case that could significantly inhibit public unions' abilities to collect dues from non-members. Since the Supreme Court's decision in Abood v. Detroit Board of Education in 1977, the courts have distinguished between fees charged by unions for representing public...

“Mark of the Beast” Does Not Leave Its Mark on the High Court

Yesterday the Supreme Court refused to grant certiorari in Yeager v. FirstEnergy Generation Corp. , No. 14-1302 (cert. denied 10/5/2015), the case we previously brought to your attention in which an Ohio court found that an applicant's refusal to provide a social security number because it would "cause him...

Nine Months Later Supreme Court "Delivers"

Yesterday the Supreme Court issued its much-anticipated opinion on the Pregnancy Discrimination Act in Young v. UPS vacating the Fourth Circuit's (and District Court's) grant of summary judgment in favor of the employer, UPS. We've previously discussed the background of the case here and here , but for our...
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