[20180416]LSB10122_法院“公平解读”FLSA后汽车服务顾问不得加班.pdf

CRS INSIGHT Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i No Overtime for Auto Service Advisors after Courts “Fair Reading” of the FLSA April 16, 2018 The Supreme Court concluded recently that car dealership employees who discuss service options with customers are exempt from the Fair Labor Standards Acts (FLSA) overtime pay requirement. In Encino Motorcars, LLC v. Navarro, the Court determined that these so-called “service advisors” fell within the statutes exemption for “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.” While the Courts decision would seem to affect only a small group of employees, it is notable for what it said with regard to interpreting the FLSA. Justice Thomas, writing for the majority, rejected the long-followed principle that the FLSAs exemptions should be construed narrowly to promote the statutes remedial purpose. The majority maintained that the exemptions are entitled to nothing more than a “fair reading” because the FLSA “gives no textual indication that its exemptions should be construed narrowly . . .” Application of this new fair reading standard could result in a greater numb