A federal appeals court ruling that F&I managers do not qualify for overtime will be appealed, Automotive News reported. One of the plaintiff’s lawyers said he is asking the full 9th U.S. Circuit Court of Appeals to review the three-judge panel’s ruling.

In May, the panel overturned three lower-court rulings that said F&I managers are entitled to overtime wages. Dealerships have tried to extend to F&I managers an overtime exemption in the federal Fair Labor Standards Act.

That exemption applies to retail employees who earn more than half their pay from commissions and make at least 1.5 times the minimum wage. The plaintiffs in the three cases argued that some dealerships are not retail operations. To qualify for the exemption, a business must derive 75 percent of its gross revenues from retail sales, the paper reported.

The appeals court rejected these claims and said dealerships are retail operations and vehicle leases are retail transactions.