Spencer Fane Partner David Wing was recently quoted by Law360 for his insights regarding the U.S. Supreme Court’s decision in Encino Motorcars v. Navarro, in which the Court set aside a ruling by the Ninth Circuit that held auto dealer service advisors should be entitled to overtime compensation. The Court remanded the matter to the Ninth Circuit to consider without reliance on an unsupported 2011 final regulation of the DOL stating the advisors were not exempt from overtime.
Wing stated: “This is a far better decision for employers than what we had thought might happen without Justice [Antonin] Scalia’s vote. He seems to still be impacting the court. The justices emphasize the importance of statutory language and limit deference to agency interpretations that provide the reasons for a change in policy, particularly where an industry has relied on decades of a contrary interpretation.”
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