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

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

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