The first of several USDOL "listening" sessions provided few answers. The primary question remains whether the agency will listen this time around as it takes on the FLSA's white-collar exemptions.
The U.S. Supreme Court has taken a fresh look at how courts analyze FLSA exemptions. It concluded that there is no basis to "narrowly construe" the statutory language regarding FLSA exemptions, and thus, held that service advisors employed by automobile dealerships can qualify for the Section 13(b)(10) exemption from federal overtime.
Employers must steer clear of the misconception that job descriptions alone can "make" employees exempt under the FLSA's so-called "white collar" exemptions.
Congress's 2013 appropriations apparently continue to prohibit the U.S. Labor Department from using any funds to challenge the FLSA Section 13(b)(10)(A) overtime exemption as applied to dealership employees performing the typical work of service writers, service advisors, etc.
Two new court rulings find the FLSA's Section 13(b)(10)(A) overtime exemption to apply, notwithstanding the U.S. Labor Department's 2011 commentary.
There is reason for concern that the U.S. Labor Department will attack the FLSA overtime-exempt status of such dealership employees in 2013.
The recent federal appropriations law contains at least one positive development concerning the FLSA exemption status of automobile-dealership service writers and similar employees.