Are Express lane lube techs exempt from overtime laws?
The short answer is no, says NADA chief regulatory counsel Doug Greenhaus. Thatês because the law requires that technicians who are exempt from overtime must be primarily engaged as technicians. To be conservative, he says, lube techs who spend most of their time doing work such as lubrication and tire rotation should not be considered exempt from overtime.
But, Greenhaus says, many dealerships compensate lube techs, detailers and painters in a way that triggers the commission employee exemption. That requires that commission pay make up the majority of compensation and that total compensation be at least 1.5 times the applicable minimum wage/hour rate.
For a copy of NADAês Dealer Guide to the Fair Labor Standards and Equal Pay Act, call 703-821-7042.Download Bulletin PDF