Some autoworkers are exempt from overtime laws

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Autoworkers may be exempt from FLSA (Fair Labor Standards Act) overtime pay requirements.  The FLSA is the law that requires companies to pay you minimum wage and also to pay certain employees overtime.  These cases are frequently brought by lawyers to enforce minimum wage and overtime laws as the statute gives the employee’s lawyer a private right of action.

Section 13(b)(10) exempts the following from the FLSA’s overtime requirements: any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a non-manufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers. 29 U.S.C. § 213(b)(10)(A).  Specifically, salesmen, partsmen, and mechanics who are “primarily engaged in selling or servicing automobiles, trucks, or farm implements.” 29 U.S.C. § 213(b)(10)(A). The employees also are exempt from the overtime requirement only if the employees are “employed by a non-manufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers.” 29 U.S.C. § 213(b)(10)(A).

Enforcing the overtime laws are complicated.  If you think you are being denied overtime, or if you are not getting paid for any of the time you have worked, contact a wage and hour lawyer.  This is an area that is tricky and complicated for both lawyers and judges, and is near impossible to navigate without experience in the labor and employment area.

Think your employer is denying you pay you are legally entitled to receive?  Contact employee’s lawyer Morgan Smith to schedule a free consultation.  We are located in Nashville but represent labor clients all over the state of Tennessee, and phone consultations are available.  You can call us at 615-852-5028 or email to schedule your phone appointment.


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