On remand from the Supreme Court and directed not to defer to the Dept. of Labor’s regulation, the Ninth Circuit reaffirms its prior holding that the FLSA’s exemption from overtime pay requirements of a “salesman, partsman or mechanic primarily engaged in selling or servicing automobiles” does not cover service advisors who do not sell automobiles or service them.

Ninth Circuit Court of Appeals (Graber, J.); January 9, 2017; 2017 WL 74713