Supreme Court to Take up Service Advisor Overtime Case
Sept. 29, 2017—The U.S. Supreme Court on Thursday gave a Southern California car dealership a second chance to convince the justices that its customer service workers are not entitled to overtime pay under federal labor law, Reuters reports.
The high court agreed to review the 9th U.S. Circuit Court of Appeals’ January decision that “the most natural reading” of the Fair Labor Standards Act shows that Congress did not intend to exempt “service advisors” involved in both sales and maintenance from the law’s coverage.
Back in March, Fixed Ops Business wrote about the case and why service advisors are nonexempt in certain states.
Encino Motorcars is fighting a wage-and-hour lawsuit filed by service advisers at its Mercedes-Benz dealership.
Last year, the Supreme Court told the appeals court to take another look—but this time, don't defer to a Labor Department rule that service advisers aren't exempt from overtime requirements. The lower court once again ruled that service advisers are eligible for overtime pay.
Now the Supreme Court will get a chance to review that ruling.