David Grant

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Supreme Court Exemption Decision Could Have Broader Repercussions

Need FLSA exemptions be narrowly construed? On April 2, the United States Supreme Court issued its decision on the issue of whether the Fair Labor Standards Act’s (FLSA) exemption for those selling or servicing automobiles at car dealerships applied to service consultants. Encino Motorcars, LLC v. Navarro, Case No. 16-1362 (Apr. 2, 2018). Unless you … Continue Reading

Sixth Circuit Panel Rejects DOL ‘Clothes Changing’ Interpretation

In another twist to the often-litigated question of the compensability of mandatory workplace “clothes changing” under the Fair Labor Standards Act (FLSA),  the United States Court of Appeals for the Sixth Circuit (by a 2-1 vote) concluded that union-represented employees at a Kellogg plant in Tennessee were not entitled to be paid for the time … Continue Reading