KMK Law Management Rights Blog

A common provision in employment agreements may no longer be enforceable, at least for employers in Kentucky.

Earlier today the Supreme Court announced its decision in Epic Systems Corp. v. Lewis, holding in a 5-4 split that arbitration agreements providing for individualized proceedings must be enforced. Arbitration provisions in employment contracts are quite common and often include language specifically limiting employees to individualized arbitration proceedings as opposed to class action proceedings or joint-arbitration.

Auto service advisors are overtime-exempt under the Fair Labor Standards Act. The Supreme Court’s 5-4 decision in Encino Motorcars, LLC v. Navarro clarified the scope of a 2011 regulation issued by the Department of Labor that excluded service advisors from the definition of “salesman” under 29 U.S.C. §213(b)(10)(A).

What a difference a presidency makes. Under President Trump, the National Labor Relations Board is continuing to take steps to distance itself from some of the more controversial decisions it issued during the administration of President Barack Obama.  This latest action came on January 26, 2018, when the Board announced it was extending the deadline for filing responses to the Board's Request for Information, regarding the Board’s Representation Election Regulations.