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
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Ninth Circuit Creates Circuit Split Regarding FLSA Classification of Sales Advisor Position
By Noel P. Tripp on
Posted in Department of Labor, Exemptions
Two Circuit Courts have held service advisers are exempt “salesmen” within the meaning of 29 U.S.C. 213(b)(10). But the Ninth Circuit thinks otherwise, deferring to USDOL guidance and finding the exemption inapplicable. Navarro v. Encino Motorcars, LLC, 2015 U.S. App. LEXIS 4773 (9th Cir. Mar. 24, 2015).
Encino Motorcars concerned the exemption applicable to…