Tag Archives: Chevron

Ninth Circuit Creates Circuit Split Regarding FLSA Classification of Sales Advisor Position

Two Circuit Courts have held service advisers are exempt “salesmen” within the meaning of 29 U.S.C. 213(b)(10). But the Ninth Circuit thinks otherwise, deferring to USDOL guidance and finding the exemption inapplicable. Navarro v. Encino Motorcars, LLC, 2015 U.S. App. LEXIS 4773 (9th Cir. Mar. 24, 2015). Encino Motorcars concerned the exemption applicable to automobile … Continue Reading

DC Judge Invalidates Home Care Rule

Last evening, the Home Care Association of America followed in the footsteps of the Mortgage Bankers Association, obtaining a ruling that the DOL’s reversal of its position regarding the exempt status of agency-employed “companions” violated the Administrative Procedure Act.  Home Care Ass’n of Am. v. Weil, 2014 U.S. Dist. LEXIS 176307 (D.D.C. Dec. 22, 2014).  … Continue Reading

Restaurant Association Defeats Department of Labor, Invalidates 2011 Tip Regulations

In 2010, the Ninth Circuit held in Cumbie v. Woody Woo, Inc., that an employee’s property right to tips attaches under the FLSA only if the employer is taking a tip credit pursuant to 29 U.S.C. § 203(m). In response to this decision the Department of Labor passed widely discussed-regulations which, contrary to the decision, purport … Continue Reading
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