29 CFR 779.372 - Nonmanufacturing establishments with certain exempt employees under section 13(b)(10)

Cite as29 CFR 779.372
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46 practice notes
  • Encino Motorcars, LLC v. Navarro, No. 15–415.
    • United States
    • U.S. Supreme Court
    • June 20, 2016
    ...when customers return for their vehicles. See App. 40–41; see also Brennan v. Deel Motors, Inc., 475 F.2d 1095, 1096 (C.A.5 1973) ; 29 CFR § 779.372(c)(4) (1971). Partsmen obtain the vehicle parts needed to perform repair and maintenance and provide those parts to the mechanics. See § 779.3......
  • Brown v. Nexus Bus. Solutions, LLC, 1:17-CV-01679-ELR
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • September 18, 2020
    ...DOL regulations expound upon the auto sales exemption, providing specific definitions of qualifying employers and employees. 29 C.F.R. § 779.372(b)(1) sets forth the two (2)-part test for qualifying employers. First, "[t]he establishment must not be engaged in manufacturing;" and ......
  • Encino Motorcars, LLC v. Navarro, No. 16–1362.
    • United States
    • United States Supreme Court
    • April 2, 2018
    ...service advisors. Although the Department of Labor initially interpreted it to exclude them, 35 Fed.Reg. 5896 (1970) (codified at 29 C.F.R. § 779.372(c)(4) (1971) ), the federal courts rejected that view, see Brennan v. Deel Motors, Inc., 475 F.2d 1095 (C.A.5 1973) ; Brennan v. North Bros. ......
  • Viart v. Bull Motors, Inc., No. 99-1961-CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • June 28, 2001
    ...cleaning, painting, polishing, tire changing, installing seat covers, dispatching, lubricating, or other non-mechanical work. 29 C.F.R. § 779.372(c)(3) (2000). The regulation's inclusion of a "get-ready mechanic" within the mechanics' exemption would seem to embrace an employee li......
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29 cases
  • Encino Motorcars, LLC v. Navarro, No. 15–415.
    • United States
    • U.S. Supreme Court
    • June 20, 2016
    ...when customers return for their vehicles. See App. 40–41; see also Brennan v. Deel Motors, Inc., 475 F.2d 1095, 1096 (C.A.5 1973) ; 29 CFR § 779.372(c)(4) (1971). Partsmen obtain the vehicle parts needed to perform repair and maintenance and provide those parts to the mechanics. See § 779.3......
  • Brown v. Nexus Bus. Solutions, LLC, 1:17-CV-01679-ELR
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • September 18, 2020
    ...DOL regulations expound upon the auto sales exemption, providing specific definitions of qualifying employers and employees. 29 C.F.R. § 779.372(b)(1) sets forth the two (2)-part test for qualifying employers. First, "[t]he establishment must not be engaged in manufacturing;" and second, "[......
  • Encino Motorcars, LLC v. Navarro, No. 16–1362.
    • United States
    • United States Supreme Court
    • April 2, 2018
    ...service advisors. Although the Department of Labor initially interpreted it to exclude them, 35 Fed.Reg. 5896 (1970) (codified at 29 C.F.R. § 779.372(c)(4) (1971) ), the federal courts rejected that view, see Brennan v. Deel Motors, Inc., 475 F.2d 1095 (C.A.5 1973) ; Brennan v. North Bros. ......
  • Viart v. Bull Motors, Inc., No. 99-1961-CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • June 28, 2001
    ...cleaning, painting, polishing, tire changing, installing seat covers, dispatching, lubricating, or other non-mechanical work. 29 C.F.R. § 779.372(c)(3) (2000). The regulation's inclusion of a "get-ready mechanic" within the mechanics' exemption would seem to embrace an employee like Mr. Via......
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16 firm's commentaries
  • FLSA Regulations: Basic Principles On Employee Overtime Exemptions
    • United States
    • Mondaq United States
    • November 4, 2013
    ...aircraft to ultimate purchasers. The FLSA provides for these exemptions at 29 U.S.C. § 213(b)(10), and they are further interpreted at 29 C.F.R. § 779.372. These are exemptions from overtime In conducting an internal review of whether certain employees are properly classified as exempt, emp......
  • Legal Alert: Department of Labor Reverses Position on Exemption of Service Advisors Working for Automobile Dealerships
    • United States
    • JD Supra United States
    • April 8, 2011
    ...service advisor or service salesman who is not primarily engaged in the work of a salesman, partsman or mechanic is not exempt" (29 C.F.R. § 779.372(c)(4)), since 1987, the Department has adopted an enforcement position that it will not deny this exemption for service advisors. Wage and Hou......
  • Supreme Court Rules That No Deference Is Owed To Unexplained Changes In Agency Positions
    • United States
    • Mondaq United States
    • June 28, 2016
    ...making sales or obtaining orders or contracts for sale of the vehicles ... which the establishment is primarily engaged in selling." 29 C.F.R. § 779.372(c)(1) (1971). The effect of this definition was that service advisors, who sell maintenance and repair services but not vehicles, did not ......
  • Auto Service Advisors are Exempt Under the FLSA
    • United States
    • JD Supra United States
    • April 3, 2018
    ...to cover auto service advisors. However, in 2011 the DOL issued a rule that interpreted "salesman" to exclude service advisors. See 29 C.F.R. § 779.372(c). In Encino Motorcars, current and former service advisors sued a Mercedes-Benz dealership in California for failing to pay overtime in v......
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