Legal Opinion

Jerry Gieg,plaintiff-Appellant v. Woody Howarth, an Individual Ddr, Inc., an Oregon Corporation, Dba Courtesy Ford, and John Sullivan, an Individual

Court of Appeals for the Ninth Circuit

Decided March 30, 2001No. 00-35247PublishedCited by 3 opinions

1Opinion of the Court

THOMAS, Circuit Judge:

In this appeal, we are asked to determine whether a “finance writer” employed by an auto dealership qualifies as a vehicle salesman or serviceman within the overtime exemption of 29 U.S.C. § 213(b)(10). Under the circumstances of this case, we conclude that the position is not exempt, and reverse the judgment of the district court.

I

Jerry Gieg worked for Courtesy Ford, Inc., an automotive dealership located in Portland, Oregon. He was employed for several months in 1998 as a “Finance Writer,” also described as a “Finance and Insurance Manager.” As described by the…

2Cases cited7 opinions

  1. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  2. Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995
  3. Raymond J. Donovan, Secretary of Labor, United States Department of Labor, (Successor to Marshall) v. Nekton, Inc.Court of Appeals for the Ninth Circuit · 1983
  4. George P. Shultz, Secretary of Labor, United States Department of Labor v. Louisiana Trailer Sales, Inc.Court of Appeals for the Fifth Circuit · 1970
  5. Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Deel Motors, Inc., D/B/A Deel Ford, and R. L. Nunn, IndividuallyCourt of Appeals for the Fifth Circuit · 1973

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3Cited by3 opinions

  1. Gieg v. Ddr, Inc.Court of Appeals for the Ninth Circuit · 2005
  2. La Parne v. Monex Deposit Co.District Court, C.D. California · 2010
  3. Jerry Gieg v. Ddr, Inc., an Oregon Corporation, Dba Courtesy Ford, and Woody Howarth, Joseph C. Wickersham v. Haselwood Buick-Pontiac Co. v. Martin Chaloupka, Lisa Bennett, Bradley Hayes, and John Inselman v. Slt/tag, Inc., an Oregon Corporation, Fka Thomason Auto Group, Inc. And Asbury Automotive Oregon, LLCCourt of Appeals for the Ninth Circuit · 2005

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