A Brief Overview of Georgia’s Overtime Laws

In 1938, Congress passed the Fair Labor Standards Act, which would go on to become the foundation for the relationship between employers and employees that we still adhere to today. Perhaps the most well-known provision of this law pertains to work hours and how they could make an employee eligible to receive overtime pay. While…

Read More

Changes To FLSA Increase Number of Workers Covered

The Department of Labor (DOL) made several changes this summer, including two announcements that will likely expand the number of workers covered under the Fair Labor Standards Act. The first change involved “white collar” exemptions and the DOL’s proposed rule that the salary threshold for having exempt status be raised from $455/week to $970/week. Workers…

Read More

The Importance of Proper Employment Classification

The issuance of the recent proposed amendments to the Fair Labor Standards Act (FLSA), affecting the circumstances under which someone may be considered “exempt” vs. “non-exempt” and when a worker may be entitled to overtime pay, underscores the importance of correct worker classification. In fact, how you are classified can have a significant impact, affecting…

Read More

Department Of Labor Likely To Amend Salary Exemption

According to CNN, the Obama administration is making progress towards issuing its proposed amendment to the overtime compensation laws. This amendment aims to provide overtime pay to low-salaried managers who currently do not qualify for it. Under the Fair Labor Standards Act (FLSA), most “non-exempt” workers are entitled to receive overtime pay at one and…

Read More

Computer Professionals Update (CPU) Act Seeks To Modify Whether Computer Professional Are Exempt Or Not-Exempt

The Fair Labor Standards Act (FLSA) sets forth overtime and wage guidelines that govern nearly every employee in the United States. Included in the FLSA are requirements that employees earn minimum wage and all employees who are not exempt be paid overtime at a rate of one and one-half times their regular rate of pay for all…

Read More

Pharmaceutical Sales Reps Entitled To Overtime Compensation

In a victory for workers, the U.S. Supreme Court let stand a 2d Circuit decision stating that pharmaceutical sales reps are entitled to overtime pay. In Novartis, the 2d Circuit court determined that pharmaceutical sales reps are not “outside sales” people and are covered by federal wage and hour laws, entitling them to overtime pay. The court’s…

Read More

Fired Employee Entitled To Overtime Pay

If you’ve been fired and receive severance pay, can you still get paid for back wages? Three judges in a Mississippi wage and hour case concluded “yes.” Why? Because severance is not the same as wages. Severance is pay given to an employee that is fired and is considered “additional pay” on top of wages.…

Read More

Pharmaceutical Reps Not Exempt Under The FLSA

In a recent decision, the Second Circuit determined that Novartis Pharmaceutical Corps representatives were not covered by the “outside sales” exemption under the Fair Labor Standards Act and hence, were entitled to overtime pay. Pursuant to the FLSA, employees who are not exempt must be paid at a rate of one and one half times their regular rate…

Read More