29 CFR 779.372 - Nonmanufacturing establishments with certain exempt employees under section 13(b)(10)
| Cite as | 29 CFR 779.372 |
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46 practice notes
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Encino Motorcars, LLC v. Navarro, No. 15–415.
...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......
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Brown v. Nexus Bus. Solutions, LLC, 1:17-CV-01679-ELR
...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 ......
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Encino Motorcars, LLC v. Navarro, No. 16–1362.
...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. ......
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Viart v. Bull Motors, Inc., No. 99-1961-CIV.
...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
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Encino Motorcars, LLC v. Navarro, No. 15–415.
...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......
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Brown v. Nexus Bus. Solutions, LLC, 1:17-CV-01679-ELR
...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, "[......
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Encino Motorcars, LLC v. Navarro, No. 16–1362.
...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. ......
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Viart v. Bull Motors, Inc., No. 99-1961-CIV.
...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
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FLSA Regulations: Basic Principles On Employee Overtime Exemptions
...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......
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Legal Alert: Department of Labor Reverses Position on Exemption of Service Advisors Working for Automobile Dealerships
...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......
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Supreme Court Rules That No Deference Is Owed To Unexplained Changes In Agency Positions
...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 ......
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Auto Service Advisors are Exempt Under the FLSA
...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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