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Philadelphia Wage Dispute Lawyers: FLSA Exemption Does Not Apply to Car Dealership Service Advisers

In a recent plaintiff victory, the U.S. Court of Appeals for the Ninth Circuit has ruled that service advisers who give repair estimates in car dealerships are eligible to collect overtime pay under federal labor laws.  Circuit Judge Susan Graber ruled that the overtime exemption to the Fair Labor Standards Act (FLSA), which applies to “any salesman, parts man, or mechanic primarily engaged in selling or servicing automobiles,” does not apply to service advisers.  Service advisers sell services for cars, but they do not sell cars or parts, or perform mechanical work on cars.

The U.S. Ninth Circuit includes the District of Alaska, Arizona, the Central District of California, the Eastern District of California, the Northern District of California, the Southern District of California, the District of Hawaii, the District of Idaho, the District of Montana, the District of Nevada, the District of Oregon, the Eastern District of Washington, and the Western District of Washington.

Philadelphia overtime lawyers at the law offices of Sidkoff, Pincus & Green strive to provide each client with superior legal representation worthy of our exemplary reputation.  Sidkoff, Pincus & Green have been serving clients in Philadelphia for over 50 years.  We are one of the oldest and most respected business and employment law firms in Philadelphia.  Our areas of experience include employment law, contract law, FLSA and unpaid overtime charges, Constitutional law, class actions, civil rights, and more.  Contact Sidkoff, Pincus & Green online, or call 215-574-0600 to schedule a consultation with one of our highly skilled Philadelphia wage and hour lawyers.