Archive for 2009
Retail Commissions and Overtime
Just because you receive commissions doesn’t necessarily mean that you don’t qualify for overtime. The FLSA has carved out an exemption to overtime pay for people who receive commissions as a part of their salaries, but it is a very narrow exception. It is possible that people working in malls all across Georgia should be talking…
Read MoreCan Teenagers Drive for Work in Georgia?
Many summer jobs, particularly in agriculture and construction, require employees to drive various vehicles as a part of the job. Small companies, especially, may be tempted to put young people in positions of responsibility in general, and have them driving in particular, without really knowing what the rules about teenage driving on the job are. There…
Read MoreBelo Plan Contracts
One of the requirements in the FLSA to prove that an employee is under salary and not an hourly employee for the purposes of paying overtime is the concept of a “constant weekly wage,” where the employee gets a set salary for set hours worked per week. Any variance on that theme can result in…
Read MoreMinor Lifeguards and the FLSA
Summer isn’t yet in full swing, but it is already hot here in Atlanta. One of the great summer jobs is lifeguarding, but it is employment that brings with it potential hazards, especially for people under the age of 18. Lifeguards who are minors have their own classification under the Youth Employment provisions of the…
Read MorePending FLSA Legislation
Two major amendments to the Fair Labor Standards Act, one each by a Republican and a Democrat, could profoundly change several FLSA standards for overtime and minimum wages if and when they are passed into law. The first, introduced in February by Congresswoman Cathy McMorris Rodgers (R. WA), would allow comp time in the private…
Read MoreFast Food and Restaurant Workers and the FLSA
No matter what, people have to eat. And restaurant employees will always be there to serve them. There are over 7 million people employed in restaurants in the United States, a large percentage of whom work in fast food establishments. These jobs are often very transient, and the fact is that many fast food workers don’t realize…
Read MoreAgricultural Workers Under the Migrant and Seasonal Agricultural Worker Protection Act
Most seasonal agricultural workers in Georgia and the rest of the country are covered under two separate labor laws-the Fair Labor Standards Act, and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The two laws always need to be read together, as well as in conjunction with state laws, by a qualified employment lawyer, to…
Read MoreAgricultural Workers Under the FLSA
Farms are now in full swing all across Georgia, the South, and most of the rest of the country, employing thousands, if not millions, of farm workers. Most seasonal agricultural workers are covered under two separate federal labor laws – the Fair Labor Standards Act, and the Migrant and Seasonal Agricultural Worker Protection Act. This…
Read MoreCall Center Workers and the FLSA
One of the notable parts of the modern world is that we seem to be constantly dealing with customer service representatives— in trying to buy something over the phone, pay or adjust a bill, trying to get your computer fixed, trying to book a flight, or just trying to get a little information on a…
Read MoreAdditions to FMLA Proposed in Congress
Two bills were recently introduced into the United States Congress that, if passed, would have an important effect on the Family and Medical Leave Act (FMLA). Taken together, they would both expand the current effect of the bill and roll back some of the restrictions that the previous administration’s had imposed on that law. Under the FMLA,…
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