I worked for a powersports company in Texas. This was the first powersports company I worked for that was heavy into politics. They were the most bigoted, far-right, hateful, homophobic, and racist people I have ever met in my life. That is saying a lot being I grew up in Beaumont, TX which is just 15 minutes from Vidor, TX. If you haven't heard of Vidor, that's probably for the best.
I worked for this company for about 3 years and during my employment I endured heavy workplace abuse in many different forms. One being we all worked free overtime. The owner stated we fell under agriculture exemption because we sold ATV/UTVs and those are considered farm vehicles. This refers to Section 213(b)(10). I ignored this statement and worked the free overtime as I had other things to worry about. Such as my mental health and workplace environment.
Eventually, I had enough of the abuse and started to look further into their claims of overtime exemption. I soon found out they were incorrect and presented this information to them. They then claimed we fell under automobile exemption because “we sell motorcycles and they are considered automobiles.” I took that with a grain of salt and told them I would also verify that with the law.
That took MONTHS. It was impossible to find anything online that would help my case. I spent several hours on the phone with different DOL Claims employee and even had some tell me I was completely incorrect. That I fell under different exemptions on Fact Sheet #17A and would be unrelated to what the company was claiming. I literally had to tell the DOL Claims employee that they were wrong and had several of them hang up on me. I stayed persistent in my beliefs because I felt it was true. This company was trying to sway definitions how they wanted to and I was not going to allow it unless it's the truth. You only get one shot to file your case with the DOL so you have to be sure you're ready.
One day I was on the phone with a DOL Claims employee and explained all of the above. They were stunned to hear how I was being treated by both the company and DOL Claims employees. This person listened and took the time to outline everything I had gathered together and worked on. I was put on hold for a few moment when they came back on the phone and said, “OK. I found what you're looking for and it certainly helps you. I found a Subsection to Section 213(b)(10) and this is what it states. “For the purpose of Section 213(b)(10), motorcycles, scooters, and other two-wheel motorized vehicles are NOT considered automobiles.” That was the nail in the coffin.
Today, and after more than a year of investigation, we won and will receive 2 years of overtime back pay. Some employees have been working there for 6 to 10 years and have back pay that the DOL cannot recover. DOL can only go back up to 2 years. It doesn't end here but this is a giant win for all of those who had their labor, money, and time stolen from them. My hopes are to obtain a class-action suit against the company for the rest of what is owed. Thousands of dollars have been stolen from the people for their hard work and I will do my best to recover what is rightfully owed.