The FLSA Overtime Exemption For Service Writers: Is the sky really falling?

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Last week, the U.S. Department of Labor published a Final Rule concerning changes to its regulations and interpretations. One portion of the Final Rule’s commentary appears to say that the DOL is now taking the position that employees doing the typical work of service writers/service advisors/service salespeople (we’ll refer to them all as “service writers”) are NOT exempt from overtime under the federal Fair Labor Standards Act.

This has prompted a flood of alerts warning dealers that they should immediately start paying service writers overtime. We disagree; the sky is not falling. Instead, we recommend that dealers should calmly think through the different possibilities.

Please see full alert below for more information.

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Fisher Phillips on:

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