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U.S. Labor Department: F&I Managers Can Qualify for FLSA Overtime Exemption


by Fisher & Phillips LLP View Firm Credentials
Atlanta Office

August 19, 2004

Previously published on December 2002

Beginning last August, a series of rulings in lower federal courts in Oregon and Washington held that Finance & Insurance Managers were not covered by the overtime exemption for commission-paid employees under the Fair Labor Standards Act. These lawsuits had been filed by F&I managers claiming they were not properly paid overtime. A common theme in these decisions was that the F&I Managers were not individually engaged in retail selling, and that as a result the FLSA's Section 7(i) exemption could not apply to them.


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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