Tag: exemption

The Service Advisor Quandary – It's Now the Supreme Court's Turn

2/2/16

By: Brad Adler and Tim Holdsworth For over forty years, courts have almost universally found that auto dealership service advisors were exempt from the FLSA’s overtime requirements under the salesman exemption contained in Section 13(b)(10)(A) of the statute. In contrast, over the same period, the U.S. Department of Labor (“DOL”) waffled on the issue.  Most…

Temporary Flooding May Give Rise to a Takings Claim

1/2/13

By: Ali Sabzevari A fundamental part of our Takings Clause jurisprudence holds that when the Government physically takes possession of an interest in property for some public purpose, it has a duty to compensate the former owner.  There is a multitude of ways in which government actions or regulations may give rise to Takings Clause…