Last week the Supreme Court agreed to review a case out of California that determined that Car Dealership Service Advisers were entitled to overtime. We discussed it at length here.
The California decision was in stark contrast to two other decisions which held that Car Dealership Service Advisors were not entitled to overtime. The issue is whether service advisors are exempt (not entitled to overtime) because they are a “salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.” The California Court determined they the Car Dealership Service Advisers were not covered because the exemption should be read narrowly and can only apply to those employees who (1) sell cars; (2) retrieve, stock, and dispense parts: or (3) perform mechanical work on cars.
The Supreme Court likely agreed to hear the case to resolve the split between the courts and bring finality to the issue. We will provide updates as this case moves forward.
With the complexity of overtime and wage laws, it is important to only consult with an attorney that has experience with wage and overtime theft. Contact Maduff & Maduff today for help with your employment law needs.