A recent Supreme Court decision concerning how workers are classified (whether as exempt or non-exempt) may potentially have widespread impact on this issue. In the matter, a car dealership classified workers as exempt. If a worker is considered exempt, then he or she will not be entitled to overtime pay, regardless of the number of hours worked. Alternatively, if an employee is classified as non-exempt, in most cases he or she is entitled to overtime pay for hours worked more than 40 in a workweek. In general, FLSA exemptions have been thought to be applied “narrowly,” thus potentially allowing more workers to earn overtime pay.
However, the recent decision from the Supreme Court concluded that FLSA exemptions need not to be construed “narrowly”, rather “fair” construction is warranted. This matter involved automobile workers. However, many believe that this decision may be applied broadly – making it easier for employers to categorize employees as exempt and thus ineligible for overtime pay.
For more information or if you have questions concerning your take home pay or classification as exempt or non-exempt, please contact the experienced Atlanta FLSA lawyers at Buckley Bala Wilson Mew LLP for an immediate case evaluation.