During U.S. Supreme Court arguments Wednesday over a federal issue important to the auto industry, Justice Elena Kagan questioned the absence of the U.S. solicitor general “in a case in which one would expect the government to be here.” Kagan wanted to know what’s up at the U.S. Labor Department.

The answer is that the Labor Department is reconsidering a 2011 Obama administration rule that said service advisers at car dealerships are not exempt from overtime pay under the federal Fair Labor Standards Act. In a Jan. 5 bulletin, Wage and Hour Acting Administrator Bryan Jarrett said the department would not enforce that rule until the Supreme Court resolves the issue.

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