overtime pay

My employer informed me last October(2001) that my position no longer requires them to pay me overtime. I make no commission, I am no ones supervisor.

My position is a parts department counterperson in an automobile dealership. I merely look up, procure, and sell automotive parts.

I've yet to been able to find substantial documentation to prove or disprove their claim, and they haven't paid me any overtime since last October.

My question is........should they be pating me overtime or not?

Please advise at your earliest convenience.

Thank you for your time.

K. Denise Messer

1 answer  |  asked Aug 9, 2002 10:31 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Parts employees may be exempt from overtime

The overtime laws exempt auto dealer parts, mechanic and sales employees. To be exempt, (1) the employee must be primarily engaged in selling or servicing automobiles, trucks, or farm implements; (2) the employer must not be engaged in manufacturing; (3) the employer must be primarily engaged in selling automobiles, trucks, or farm implements to ultimate purchasers. I believe that parts people generally are considered to be covered by this.

If you would like to pursue this, call the Department of Labor's wage and hour division and ask there. You can file a complaint and request an audit of the dealership's payment practices if you think that you may be improperly classified as exempt.



posted by Neil Klingshirn  |  Aug 9, 2002 2:31 PM [EST]

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