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Supreme Court Rules Auto Service Advisors Are Overtime-Exempt

On April 2, 2018 by Schnader in Labor and Employment

By Michael J. Wietrzychowski On April 2, 2018, the U.S. Supreme Court issued its opinion in Encino Motorcars v. Navarro, holding that service advisors employed at auto dealerships are exempt from overtime pay requirements under the Fair Labor Standards Act (FLSA). The case involved a Mercedes-Benz dealership in California and […]

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Reading the Tea Leaves: The Supreme Court Seems Likely to Eliminate the ERISA Presumption of Prudence

On April 4, 2014 by Schnader in Finance

By Stephen A. Fogdall The U.S. Supreme Court heard argument this week in Fifth Third Bancorp v. Dudenhoeffer, the case that will decide whether fiduciaries of employee stock option plans (ESOPs) are presumed to comply with their ERISA duties by continuing to invest in the employer’s stock despite allegations that they […]

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CA Supreme Court Narrowly Construes SCOTUS Concepcion Ruling Limiting Authority to Void Mandatory Arbitration Agreements as Unconscionable

On November 4, 2013 by Schnader in Labor and Employment

By Scott J. Wenner California courts, from its Supreme Court on down, have been hostile to efforts to deny employees and consumers access to the judicial process  through devices such as mandatory binding arbitration and class action waivers.  At the same time, the U.S. Supreme Court has expansively read federal law, […]

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