Amici curiae assist in Supreme Court rejection of FLSA exemptions interpretation

Client(s) U.S. Chamber of Commerce, The National Federation of Independent Business, and Retail Litigation Center

Jones Day represented the U.S. Chamber of Commerce, The National Federation of Independent Business, and Retail Litigation Center as amici curiae in connection with a brief in support of the employer’s position in Encino Motor Cars LLC v. Navarro, No. 16-1362 (U.S.). Jones Day's brief argued that the Ninth Circuit erred below by placing substantial weight on the canon that FLSA exemptions should be construed narrowly against employers. The amici contended that the canon was flawed because it rested on a misunderstanding of the legislative process and failed to give effect to the balance that Congress struck when it crafted the text of the Act. The Supreme Court agreed: "We reject this principle as a useful guidepost for interpreting the FLSA.... 'We thus have no license to give the exemption anything but a fair reading.'"

Encino Motorcars, LLC v. Hector Navarro, et al., No. 16-01362 (U.S.)