Bob DeRose of Bulldog Law Defeats Tow Truck Employer's Bid to Dodge Overtime Pay.

Federal Court Denies Summary Judgment to Towing Company on Overtime Exemption Defense; Driver's Wage Claims Proceed.

COLUMBUS, Ohio., Aug. 17, 2026 /PRNewswire/ -- The U.S. District Court for the Southern District of Ohio has denied summary judgment to Shamrock Towing, Inc. on the remaining overtime claims of a former tow truck driver, allowing the case to proceed toward trial or mediation.

In an Opinion and Order issued August 12, 2026, Judge Michael H. Watson held that Shamrock had not met its burden of establishing the Fair Labor Standards Act's "retail or service establishment" exemption under 29 U.S.C. § 207(i). The ruling permits the plaintiff's federal overtime claim, along with claims under the Ohio Minimum Fair Wage Standards Act and the Ohio Prompt Pay Act, to move forward. A separate claim for civil penalties under Ohio Revised Code § 2307.60 also remains pending. In an earlier ruling issued in December 2025, the court granted summary judgment to Shamrock on the plaintiff's unjust enrichment and FLSA retaliation claims.

The case is Michael Anderson, et al. v. Shamrock Towing, Inc., No. 2:23-cv-2517 (S.D. Ohio).

At issue was whether Shamrock qualified as a "retail or service establishment," which requires that at least 75 percent of an establishment's annual dollar volume of sales be recognized as retail within its particular industry. The court concluded that Shamrock's evidence did not establish how the industry itself classifies those transactions.

The court also declined to treat services billed to account customers, dealerships, and service centers as retail on this record, noting that in those transactions the vehicle owner or an insurer typically pays for a service the owner did not seek out and had no meaningful say in pricing.

"The retail or service establishment exemption is narrow by design, and the employer bears the burden of proving every element of it," said Bob DeRose, Partner-in-Charge of the Workplace Litigation Department at Bulldog Law. "Courts have said for decades that an employer's characterization of its own business is not the test. What matters is how the industry actually recognizes the transactions at issue, and that requires evidence."

The court has ordered the parties to jointly notify it within thirty days whether they wish to mediate before trial. The court has made no finding on liability and no determination that the additional individuals who joined the case are similarly situated.

About Bulldog Law

Bulldog Law is a nationally recognized law firm rooted in Columbus, representing clients across Ohio and nationwide in personal injury, catastrophic injury, and wage and hour matters. Its Workplace Litigation Department is led by Bob DeRose, an editing author of the ABA's treatise on the FLSA. Learn more at usebulldog.com.

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SOURCE Bulldog Law