On Friday, the United States Supreme Court agreed to resolve the current split among the Circuit Courts regarding whether “service advisors” are exempt from overtime under the 213(b)(10) exemption, an exemption applicable to any “salesman, partsman, or mechanic” who is primarily engaged in “selling or servicing automobiles.” Both the Fourth and Fifth Circuits have held
29 usc 213(b)(10)
Applying Multiple Defenses, Federal Court Rejects Motorcycle Mechanic’s Overtime Claim
Identifying two separate bases for finding a motorcycle mechanic ineligible for overtime under the FLSA, Judge Federico A. Moreno granted summary judgment to the Ducati dealership where the mechanic worked, Ducati Miami. Henriquez v. Total Bike, LLC, 2013 U.S. Dist. LEXIS 179592 (S.D. Fla. Dec. 20, 2013).
In challenging his exempt status, Henriquez first…
Mechanic Fails to Create Issue of Fact as to Applicability of Auto Dealer Exemption
While FLSA exemption litigation is often focused on the “white collar” exemptions, practitioners are fond of noting that the FLSA contains many other exemptions, such as industry-specific exemptions. These include specifically those codified at 29 U.S.C. § 213(b). One such exemption is the exemption for salesmen, mechanics and partsmen codified at 29 U.S.C. § 213(b)(10). This exemption excludes…