The Fair Labor Standards Act (FLSA) is one of the oldest federal labor
laws and provides many protections for workers. Among these are guarantees
that workers receive minimum wage and that non-exempt workers receive
overtime. Overtime compensation laws require that all employees who are
not exempt must be paid at a rate of one and one-half times their regular
rate of pay for all hours worked in excess of 40 hours in any workweek.
Although this sounds straightforward, whether a worker is exempt v. non-exempt
and entitled to overtime pay is often the subject of wage and hour cases.
Exemptions are rules that provide that if you make more than a certain
amount of money per week and perform certain types of work, your employer
doesn’t have to pay you overtime regardless of how many hours you
put in in a week. If you have questions about whether you are entitled
to overtime pay, it is important to consult with an experienced
Atlanta wage and hour lawyer to provide you crucial advice concerning your take home pay.
overtime pay case has raised the question of whether a Chicago Tribune newspaper reporter
is entitled to overtime compensation. According to news reports, the journalist
was not paid for hundreds of hours of overtime pay throughout a little
over a year. She was required to work between 50-60 hours a week, but
only received 5 hours of overtime pay in 2011.
A representative of the journalist stated that reporters are considered
exempt when they work as “creative professionals” whose work
involves “invention, imagination and talent,” but here the
woman covered school board meetings and the job didn’t meet these
Whether an individual should be classified as “exempt v. non-exempt”
can be confusing – with employers commonly misclassifying employees’
work status, both intentionally and accidentally costing workers hundreds,
even thousands, of dollars in pay.
If you believe your employer has misclassified you, or you have not received
all the overtime compensation you are entitled to, please contact a dedicated
Georgia employment lawyer for an confidential consultation.