is there anyone that can tell me if an automotive service manager is overtime exempt or nonexempt?

it seems that there is a grey area with automotive.

it states in the link below that automotive service managers, advisors and partsmen are all non-exempt, but that is at a place that "sells cars"

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_779/29CFR779.372.htm

i dont know how it would be different in a place that doesnt sell cars, if the job itself is exactly the same.

any info on this would help greatly.

My understanding is like yours, that this exception applies to dealers only. If you're working in an independent shop, like Midas or Jiffy Lube, the exception would not be applicable. You can contact the DOL at (866)4-USWAGE to confirm. Just be ready to leave your contact information and they have someone call you back; takes 2-3 days sometimes, so be patient. :)

My understanding is like yours, that this exception applies to dealers only. If you're working in an independent shop, like Midas or Jiffy Lube, the exception would not be applicable. You can contact the DOL at (866)4-USWAGE to confirm. Just be ready to leave your contact information and they have someone call you back; takes 2-3 days sometimes, so be patient. :)

i tried that a few months ago, and i guess the person i spoke to on the phone was a bit on the slow side and couldnt tell me either way.

here are the details. i had a weekly salary. most of my time was not actually spent managing directly. i wrote estimates, sold work, ordered parts, etc. i also had no power when it came to hiring and firing.

in the computer system at work under the personnal menu they actually listed me as "non-exempt". on my pay check, it said next to my salary amount "40.0 hours". they did, however, pay me as an exempt manager. i worked minimum 50 hours a week.

i was not sure if my best course of action was to actually involve a lawyer or just go thru dol.

I'd start with the state Division of Labor and Industries.