On the back of the bill appropriating funds from the federal American Rescue Plan Act (ARPA), Virginia lawmakers appear poised to amend the Overtime Wage Act that was passed in the recently concluded 2021 session. Introduced as part of this month’s special session which is primarily focused on adjusting the state budget to account for ARPA funds, the amendment would exempt salesman, partsman, or mechanics primarily engaged in selling or servicing automobiles from the Overtime Wage Act. This would appear to, in effect, maintain the exemption franchised new car dealers in the Commonwealth currently have as part of their federal exemption in the Fair Labor Standards Act.
This amendment has not been finalized at the time of this writing, but WANADA and our partners at VADA are closely watching this development to help ensure the best possible result for our members. Stay tuned to the WANADA Bulletin as well as additional email blasts that we will put out as the special session continues.Download Bulletin PDF