Some autoworkers are exempt from overtime laws

xposted from

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.


Similar Articles

Problems with unpaid labo... The food industry, especially restaurants with tight margins, are notorious for violating the FLSA and other wage and hour laws. You would think that since these companies
What is Overtime? When people talk about overtime, what do they mean? In Tennessee, overtime is any work performed by a worker for an employer in excess of forty hours
Breach of Employment Agre... Some employees enter into employment agreements that include the terms for severance and other benefits. In JIMMY L. HENSLEY V. COCKE FARMER’S COOPERATIVE, Mr. Hensley and Cocke
What to do when you are n... There are several quick tips you should follow if you are not being paid for all of your work.  Obviously, you should  immediately contact a wage and
Maracas ordered to pay $63,000 for wage violations Maracas, a local Mexican restaurant located here in Nashville is ordered to pay over $63,000 in damages for wage
Wage theft cases settled ... A news article has just been released noting that the Middle District of Tennessee has accepted two settlements for wage theft on March 9, 2021 for about
Pre-shift work Many FLSA claims revolve around “pre-shift work” which is what we call the time people spend working before they get to go on the clock and be
Paid in Vacation Time? When I was working in government, it was very common to receive additional vacation time or sick leave for salaried employees who had to work excessive hours
Arbitration Agreements an... Many employees sign arbitration agreements when they sign on with a company, or as part of their severance agreements.  Arbitration is not always bad and it does
Legal Updates Check out our posts with updates about employment law matters affecting Tennessee.  Recent posts are streaming to your right.