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.
Paying overtime to them is not necessarily a dealership's only option.