United States Ninth Circuit

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Navarro v. Encino Motorcars, 13-55323

In this action brought under the Fair Labor Standards Act (FLSA), plaintiff "service advisors" who worked at defendant car dealership allege that defendant violated the FLSA by failing to pay overtime wages. Dismissal of the action is reversed as to the FLSA overtime claim and supplemental state-law claims and affirmed as to the dismissal of other federal claims not challenged on appeal, where: 1) "service advisers" at a car dealership are not exempt from the FLSA's overtime pay requirements under 29 U.S.C. section 213(b)(10)(A), which exempts "any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles"; and 2) under the Chevron standard, the regulation was reasonable.

Appellate Information

  • Decided 03/24/2015
  • Published 03/24/2015

Judges

  • Graber

Court

  • United States Ninth Circuit

Counsel