Not quite two years ago, the Supreme Court decided the case of Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134 (2018), a case we blogged here. The case itself involved the issue of whether service consultants at auto dealers were exempt from overtime under the FLSA. While the Supreme Court held that they were, the case had far broader implications because the Supreme Court rejected the view that the FLSA’s exemptions were to be construed narrowly, but, instead, were integral parts of the statute that should be given a “fair reading.” We noted at the time that this view likely undercut many of the arguments relied upon by plaintiffs’ counsel and some courts regarding potentially exempt work.

A recent case from the Second Circuit reflects just how that view can in practice defeat wage and hour class claims. In Isett v. Aetna Life Insurance Co., Case No. 18-3271-cv (Jan. 14, 2020), the plaintiff was a registered nurse who worked as a nurse consultant for a health insurance carrier, responsible for reviewing appeals regarding health benefit claims. She sought to assert claims on behalf of a class of similarly situated nurses, contending that she was misclassified as exempt and entitled to overtime.