Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

n2doc

(47,953 posts)
Tue Apr 3, 2018, 10:49 AM Apr 2018

The Supreme Court Voted to Stiff the American Worker, Again

It's always 5-4, and it's never in workers' favor.

BY CHARLES P. PIERCE

One of the most consistent things about the current Supreme Court is the solid 5-4 majority for going the wrong way on issues of labor and management. There was another one of those Monday, a 5-4 decision in the case of Encino Motorcars, Inc. v. Navarro.

At issue was the right of “service advisors” at an auto sales company, whose job it is to identify problems with a customer’s car and then sell that customer the solution. They were regularly worked over 40 hours a week and they went to court to try and get overtime pay under the Fair Labor Standards Act.

(The FLSA specifically exempts “engaging in servicing automobiles” from the overtime pay regulations.)

In reversing a lower court decision in favor of Encino, the Ninth Circuit argued that, since the “service advisors” did not themselves do the work of servicing the automobiles, they were not included in the FLSA exemption and, thus, were entitled to overtime pay. Encino appealed to the Supreme Court and, two years ago, the Court sent the case back to the Ninth, which held for Navarro again. That was the decision that was reversed on Monday by the Nine Wise Souls in D.C.

more
https://www.esquire.com/news-politics/politics/a19664884/supreme-court-auto-service-adviser/

5 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
The Supreme Court Voted to Stiff the American Worker, Again (Original Post) n2doc Apr 2018 OP
Shaking my head Angry Dragon Apr 2018 #1
Isnt playing around with your vote fun . Voting one's conscience and making a statement to Fullduplexxx Apr 2018 #2
Marching in the streets is the only thing that shines light on injustice. My father Ninga Apr 2018 #3
We definitely need more consistent marching and strikes. ananda Apr 2018 #4
Blind to justice because ... GeorgeGist Apr 2018 #5

Fullduplexxx

(7,863 posts)
2. Isnt playing around with your vote fun . Voting one's conscience and making a statement to
Tue Apr 3, 2018, 10:56 AM
Apr 2018

"Show them" a thing or two ... such a blast

Ninga

(8,275 posts)
3. Marching in the streets is the only thing that shines light on injustice. My father
Tue Apr 3, 2018, 10:58 AM
Apr 2018

marched with Walter Reuther during the early auto union organizng days.

What goes around, comes around.

We are heading toward a revolution...when, where, I can't say. But it is blowing in the winds for sure.

Latest Discussions»General Discussion»The Supreme Court Voted t...