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ARTICLE · 20 JUNE 2016

Supreme Court Decision Alert - June 20, 2016

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Today, the Supreme Court issued two decisions, described below, of interest to the business community: Administrative Law—Chevron Deference; Patent Act—Inter Partes Review

United StatesLitigation, Mediation & Arbitration

Today, the Supreme Court issued two decisions, described below, of interest to the business community.


Administrative Law—Chevron Deference

Encino Motorcars, LLC v. Navarro, No. 15-415

Under Chevron U.S.A. Inc. v. NRDC, an agency is ordinarily entitled to deference when it interprets a statute through notice-and-comment rulemaking. Today, however, the Supreme Court issued a unanimous reminder that Chevron is not absolute, refusing to accord deference to a Department of Labor regulation interpreting a narrow question about the Fair Labor Standards Act.

The regulation at issue concerns whether service advisors at automobile dealerships are entitled to time-and-a-half overtime pay for working more than 40 hours in a given week. By statute, "any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements" is exempted from the

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