Yesterday, the Supreme Court heard argument for Encino Motorcars v. Navarro, a dispute arising under the FLSA. There is an exception to the FLSA for any “salesman, partsman or mechanic primarily engaged in selling or servicing automobiles.” At issue in the case is whether service advisors at car dealerships–who work at service desks, prepare work orders, and keep in touch with customers regarding work status on orders–fall within that FLSA exception or must be paid overtime. The Ninth Circuit held these service advisors were not covered by the exception, and thus entitled to overtime, creating a circuit split on the issue. The Hill summarized Wednesday’s argument.
Healthcare groups that are funded primarily by Medicaid are worried about the Labor Department’s proposed overtime rule, Politico reports. Under the new rule, the salary threshold under which workers would qualify for overtime pay would reach $50,440, a number that providers argue is unworkable for their industry. They are hoping the rule will be modified before it is finalized, at least giving them time to negotiate with states to increase Medicaid reimbursements before the law takes effect.
Intel announced earlier this week that it would lay off 12,000 workers, responding to a long global downturn in demand for PCs. The New York Times reports the layoffs are part of a larger corporate restructuring, as the company shifts from being the “PC company” to one that supplies chips for smartphones, cloud computing, sensors and other devices. Microsoft has made a similar shift over the last several years. Other former computer giants, including IBM, Dell, and Hewlett-Packard, continue to struggle. Employes affected by the restructuring will be notified within the next 60 days.
Target has raised the minimum wage of its employees to $10 an hour. According to Reuters, this comes as a response to pressure from competition–primarily Walmart–and political and social pressure, including the Fight for Fifteen movement, and the presidential campaign. Target will also raise pay for employees who already make over $10 per hour, and workers will be entitled to an annual merit raise and pay-grade hike.
Daily News & Commentary
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November 27
Amazon wins preliminarily injunction against New York’s private sector bargaining law; ALJs resume decisions; and the CFPB intends to make unilateral changes without bargaining.
November 26
In today’s news and commentary, NLRB lawyers urge the 3rd Circuit to follow recent district court cases that declined to enjoin Board proceedings; the percentage of unemployed Americans with a college degree reaches its highest level since tracking began in 1992; and a member of the House proposes a bill that would require secret ballot […]
November 25
In today’s news and commentary, OSHA fines Taylor Foods, Santa Fe raises their living wage, and a date is set for a Senate committee to consider Trump’s NLRB nominee. OSHA has issued an approximately $1.1 million dollar fine to Taylor Farms New Jersey, a subsidiary of Taylor Fresh Foods, after identifying repeated and serious safety […]
November 24
Labor leaders criticize tariffs; White House cancels jobs report; and student organizers launch chaperone program for noncitizens.
November 23
Workers at the Southeastern Pennsylvania Transportation Authority vote to authorize a strike; Washington State legislators consider a bill empowering public employees to bargain over workplace AI implementation; and University of California workers engage in a two-day strike.
November 21
The “Big Three” record labels make a deal with an AI music streaming startup; 30 stores join the now week-old Starbucks Workers United strike; and the Mine Safety and Health Administration draws scrutiny over a recent worker death.