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Abstract

This Note analyzes the merits of the Encino Motorcars, Deel Motors, and Greenbrier Ford decisions in light of the text and legislative history of the Dealership Employee Exemption and Christopher v. SmithKline Beecham Corp. Part I summarizes the Exemption, the DOL Dealership Regulation interpreting the Exemption, and the decisions whether to defer to the DOL Dealership Regulation by the Encino Motorcars, Deel Motors, and Greenbrier Ford courts. Part II analyzes the text and legislative history of the Exemption, and concludes that the DOL Dealership Regulation should not be afforded Chevron deference because it is manifestly contrary to the Exemption. Part III considers the Exemption in light of the Supreme Court’s decision in Christopher, and advances additional reasons for why the Court, when deciding Encino Motorcars, should side with the interpretation of the Dealership Employee Exemption advanced by the Fourth and Fifth Circuits.

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