Kaufman & Forman, P.C.
Call to arrange a consultation
678-957-7769 | 770-390-9200
Contact Us
practice areas

One way for a Georiga company to avoid a wage and hour complaint

Georgia businesses must be careful when it comes to wage and hour laws. The difference between nonexempt and exempt employees confuses many companies and employees alike. Knowing the difference could save everyone involved time and money lost due to a wage and hour complaint.

Nonexempt employees are owed overtime pay when working more than 40 hours per week and have the right to earn at least minimum wage. Most employees fall into this category. In fact, most are also paid by the hour.

Overtime pay is not required for exempt employees. The Fair Labor Standards Act (FLSA) defines some jobs as exempt, such as airline employees and outside sales staff. For most other professions, the definition of an exempt employee includes salaried workers that make more than $23,600 per year. These employees also perform administrative, executive or professional duties.

The FLSA defines the duties for each of those categories to provide companies guidance when determining into which category an employee falls. Of course, there are exceptions to every rule. When it comes to exempt employees, some people who are paid by the hour are still considered exempt and not subject to the overtime rules, such as lawyers.

If a Georgia company incorrectly classifies an employee as exempt, it could end up facing a wage and hour complaint. On the other hand, keeping careful records regarding an employee's status and making sure that he or she understands and acknowledges that status is important. If the company can prove the employee's status does not entitle him or her to overtime and that the employee knew that, any complaint would be dismissed.

Source: FindLaw, "Exempt Employees vs. Nonexempt Employees", , Sept. 2, 2014

No Comments

Leave a comment
Comment Information

Contact Kaufman & Forman, P.C. Now

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

get Legal Help Now

Kaufman & Forman, P.C.
8215 Roswell Road, Building 800
Atlanta, GA 30350

Toll Free: 800-461-5864
Phone: 678-957-7769
Fax: 770-395-6720
Atlanta Law Office Map

Review Us

Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.