Photo of Fred Pressley

Fred chairs the firm’s Labor and Employment Department. For more than 30 years, he has successfully represented clients in employment discrimination litigation, union avoidance campaigns, collective bargaining, and wage and hour matters around the country.

Many thanks to Arslan Sheikh for his assistance in preparing this post.

In a decision issued on April 2, 2018 the Supreme Court of the United States held in Encino Motorcars, LLC v. Navarro that service advisors at an auto dealership are exempt from the Fair Labor Standards Act’s (FLSA) overtime pay requirement. Most importantly, the Court also rejected the 9th Circuit’s holding and Department of Labor policy that FLSA exemptions should be construed narrowly. Instead, courts should apply a fairness test to determine whether a particular job is covered under the exempt classifications of the act. As a result, employers should be aware of this recent decision and consider how it may apply to them.
Continue Reading Recent Supreme Court decision holds that FLSA exemptions are to be construed fairly

On May 20, 2010, the U.S. Department of Labor Wage and Hour Division published a Final Rule designed to modernize child labor regulations. The Final Rule contains new provisions prohibiting children under 18 from riding on a forklift as a passenger, operating balers, and compactors designed or used for new paper products, and work in establishments