- Written by Carl Larson
UFW Files First Notice of Intent to Take Access
The season has started. The UFW has begun filing Notices of Intent to Take Access (“NA”) with the ALRB. They have also taken the unusual step of filing an accompanying Notice of Intent to Organize and a Representation Petition at the same time. This is the first filing this year:
Wednesday, May 18, 2016
• Klein Management Inc. (2016-NA-001-VIS)
• Notice of Intent to Organize (2016-NO-001-VIS)
• Representation Petition (2016-RC-001-VIS)
More filings are expected and we will continue to send updates.
NA filings are only effective for 30 days.
COUNSEL TO MANAGEMENT:
Please contact The Saqui Law Group if you have any questions about your rights concerning union access on your property or any filings against your company.
- Written by Greg Blueford
On January 15, the United States Supreme Court agreed to hear a dispute on whether certain car dealership workers should be entitled to overtime pay. In Encino Motorcars LLC v. Hector Navarro et al., Encino Motorcars, LLC (“Encino”) challenged a Ninth Circuit ruling that “service advisors,” defined as the workers at car dealerships who talk with customers about the service to be done on their cars, are not exempt under Fair Labor Standards Act (“FLSA”) and are entitled to overtime pay. Encino’s service advisors initially sued the dealership the dealership in 2012, alleging their job descriptions required them to greet with car owners and sell additional services beyond what prompted the customer’s visit, but asserted they did not sell cars or perform repairs.
In March 2015, the Ninth Circuit ruled that service advisors should be eligible for overtime pay because a U.S. Department of Labor (“DOL”) regulation only excludes salespeople and mechanics from overtime pay, and not service advisors. According to Encino, the Ninth Circuit ruling runs counter to previous rulings by the Fourth and Fifth Circuits, both of which declined to adopt the DOL’s definitions. The Ninth Circuit, says Encino, chose to rely on a DOL regulation that holds that service advisors are not exempt from receiving overtime because they do not “personally service vehicles,” instead of FLSA’s plain language that exempts “any salesman, partsman or mechanic primarily engaged in a selling or servicing automobiles” from overtime.