KPA HR Newsletter — April 5, 2018

by Jill Schaefer on April 5, 2018

Alert: U.S. Supreme Court Ruling
Car Dealership Service Advisors Exempt From Overtime

This week, the U.S. Supreme Court ruled in Encino Motorcars, LLC v. Navarro that service advisors at car dealerships do not qualify for overtime pay under the Fair Labor Standards Act (FLSA).

This decision will affect other industries too as it establishes a new precedent for lower court decisions and how they will now interpret FLSA exemptions as they were written by Congress instead of narrowly construing them.

The Supreme Court stated that under the FLSA, auto service advisors are salespeople who primarily engage in selling automobiles, trucks, or farm implements at a dealership. This definition puts them into an exempt job classification that exempts them from overtime pay.

Next Steps: Check if your state has any applicable exemption laws that may trump the federal FLSA or has narrowly defined this type of exemption. Review job descriptions for service advisors and include language that supports an exempt status determination.

The Flexible Work Schedule: The Pros & Cons Read More

Flexible working hours seem like all the rage these days, but will it work for every employer?

And, just why is it trending anyway?

Consider the pros and cons for employers.

April 2018 Regulatory Updates — Read More

Federal
– H-1B Filing Season Begins
– OSHA 300-A Posting Period Continues
– E-Verify Website Updated
– New Program for Resolving Wage Violations
– Fiduciary Rule Update
– Sexual Harassment in the Workplace Initiative

State
 CO: Non-compete Agreements
 MA: Guidance on Equal Pay Law; Pregnant Workers Fairness Act Goes into Effect
 NYC: Safe Leave Added to Sick Leave Coverage
 NY: Guidance on Paid Family Leave
 OH: Medical Marijuana Use Approved
 PA: Electronic Filing for First Report of Injury and Salesperson Initial License
 WA: Bans the Box; Updates Equal Pay; Expands Protections for Domestic Violence Victims

Ask the HR Expert — Get the Answer

Q: An employee had a work comp claim and we sent her to a health clinic, however she never checked in there. She claimed to go to an ER instead, but never submitted proof of this. Awhile later, she stopped showing up for work. We’ve tried to contact her multiple times.

Is she terminating her employment?

FREE HR Webinars — Register Now

Sign up for this upcoming webinar.

The Modern HR Department’s Recipe for Success
Thursday, April 12
11 a.m. (MT) / 12 a.m. (CT)

California Alert: New Overtime Pay Considerations
Tuesday, April 17 & 24
11 a.m. (PT) / 12 a.m. (MT)

Gossip, Gab & the Grapevine: How to Neutralize Negative Workplace Chatter
Thursday, April 26
11 a.m. (MT) / 12 a.m. (CT)

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Jill SchaeferKPA HR Newsletter — April 5, 2018