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Encino Motorcars, LLC v. Hector Navarro, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 13-55323 · judgment January 9, 2016

Decided · April 2, 2018
At-filing estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Respondents are "service advisors" at a car dealership whose primary job responsibilities involve identifying service needs and selling service solutions to the dealership's customers. Respondents brought suit against the dealership under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§201-219, seeking time-and-a-half overtime pay for working more than 40 hours per week. The FLSA exempts from its overtime requirements "any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles." Id. §213(b)(lO)(A). In its first decision in this case, the Ninth Circuit found Respondents non-exempt by deferring to a 2011 Department of Labor regulation. This Court granted certiorari, considered merits briefing and argument, and vacated that decision, holding that "§213(b)(10)(A) must be construed without placing controlling weight on the Department's 2011 regulation." Pet.App.44. On remand, the Ninth Circuit once again found Respondents non-exempt. As it had in its initial vacated decision, the Ninth Circuit acknowledged that its holding conflicts with published decisions of the Fourth and Fifth Circuits, several district courts, and the Supreme Court of Montana, all of which hold that service advisors are exempt. Pet.App.30, 65. As it was last time around, the question presented is: Whether service advisors at car dealerships are exempt under 29 U.S.C. §213(b)(10)(A) from the FLSA's overtime-pay requirements.

Counsel of record

For petitioner
Paul D. Clement
Clement & Murphy, PLLC

For respondent
James A. Feldman
University of Pennsylvania Law School Supreme Cour

Case

Subject area
Unions (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage · 6 merits
(4 supporting pet./neither, 2 respondent)

Linked docket
16A940

Argument & decision

Argued January 17, 2018 — Paul D. Clement · James A. Feldman. Listen and read along · the Court’s audio

Decided April 2, 2018. Opinion by Thomas.

Proceedings

  1. May 04 2018
    JUDGMENT ISSUED.
  2. Apr 02 2018
    Judgment REVERSED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Alito, and Gorsuch, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ. joined.
  3. Jan 17 2018
    Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondents: James A. Feldman, Philadelphia, Pa.
  4. Jan 08 2018
    Reply of petitioner Encino Motorcars, LLC filed. (Distributed)
  5. Dec 19 2017
    The record for the U.S.C.A. is electronic and located on PACER.
  6. Dec 18 2017
    Record requested from the U.S.C.A. 9th Circuit.
  7. Dec 15 2017
    Brief amici curiae of U.S. SENATORS PATTY MURRAY, SHERROD BROWN, AND JACK REED filed. (Distributed)
  8. Dec 08 2017
    Brief amici curiae of Law Professors James Brudney, et al. filed. (Distributed)
  9. Dec 08 2017
    Brief of respondents Hector Navarro, et al. filed. (Distributed)
  10. Dec 07 2017
    Brief amicus curiae of National Employment Lawyers Association filed. (Distributed)
  11. Dec 07 2017
    Brief amicus curiae of International Association of Machinists and Aerospace Workers, AFL-CIO filed. (Distributed)
  12. Nov 22 2017
    CIRCULATED.
  13. Nov 17 2017
    SET FOR ARGUMENT ON Wednesday, January 17, 2018
  14. Nov 08 2017
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
  15. Nov 08 2017
    Brief amici curiae of National Automobile Dealers Association and State Automobile Dealers Associations for Alaska, et al. filed.
  16. Nov 08 2017
    The time to file respondents' brief on the merits is extended to and including December 8, 2017.
  17. Nov 01 2017
    Joint appendix filed.
  18. Nov 01 2017
    Brief of petitioner Encino Motorcars, LLC filed.
  19. Oct 26 2017
    Blanket Consent filed by Petitioner, Encino Motorcars, LLC
  20. Oct 26 2017
    Blanket Consent filed by Respondents, Hector Navarro, et al.
  21. Sep 28 2017
    Petition GRANTED.
  22. Aug 09 2017
    DISTRIBUTED for Conference of 9/25/2017.
  23. Aug 09 2017
    Reply of petitioner Encino Motorcars, LLC filed. (Distributed)
  24. Jul 21 2017
    Brief of respondents Hector Navarro, et al. in opposition filed.
  25. Jun 12 2017
    Brief amici curiae of National Automobile Dealers Association, et al. filed.
  26. May 19 2017
    Order extending time to file response to petition to and including July 24, 2017.
  27. May 10 2017
    Petition for a writ of certiorari filed. (Response due June 12, 2017)
  28. Apr 03 2017
    Application (16A940) granted by Justice Kennedy extending the time to file until May 10, 2017.
  29. Mar 30 2017
    Application (16A940) to extend the time to file a petition for a writ of certiorari from April 9, 2017 to May 10, 2017, submitted to Justice Kennedy.