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Exemptions From the Overtime

Atlanta Lawyers Who Advise on Exemptions from FLSA Overtime and Minimum Wage Requirements

Know your rights to fair compensation

The Fair Labor Standards Act (FLSA) requires private and public employers to pay their employees at least the minimum wage — which is currently $7.25 under federal laws and $5.15 under Georgia provisions. Employers must also pay one and one-half times the wages that covered employees typically earn for the additional hours worked over 40 per week. However, there are numerous complicated exemptions to the FLSA.

DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC is an employment and labor law firm dedicated to advocating for clients. Because employment is all we do, we understand the intricacies of the laws and how they fit into the broad picture. From this unique perspective, our lawyers help employees understand their rights to minimum wage and overtime pay. We also advise small businesses on FLSA compliance.

Common FLSA exemptions

The Code of Federal Regulations 29 Part 541 lists exemptions to the FLSA overtime and minimum wage provisions. There are dozens of exemptions to these requirements, but the most commonly applied overtime exemptions include the following:

  • Executive, administrative, professional and outside sales employees
  • Commissioned sales employees
  • Computer professionals
  • Drivers, drivers’ helpers, loaders and mechanics
  • Farm workers
  • Salespeople and mechanics
  • Employees of seasonal and recreational establishments

Farm workers, fishers, babysitters, elder companions and other types of workers are exempt from both the minimum wage and overtime pay requirements.

Application of exemptions to FLSA

For an employee to be exempt, their job must meet the specifications imposed by the Wage and Hour Division of the U.S. Department of Labor (DOL). Exemptions apply to individual workers depending on their actual job duties, which do not necessarily equal their job titles or defined positions. Therefore, simply calling you a creative professional does not relieve your employer from the FLSA overtime provisions if your job does not require “invention, imagination, originality or talent in a recognized field” — as defined by the DOL — and you do not meet salary specifications.

Because exemptions are typically applied per workweek, your status can change throughout your employment. If you perform both exempt and nonexempt duties in one week, you may  nonetheless be considered nonexempt. Your employer has the burden of supporting its assertion that you are an exempted employee.

Learn whether or not you are covered by the FLSA

To learn more about recovering wages owed to you by your employer, consult an attorney from DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC today. Call 470-443-0524 or contact us online. We offer potential clients a complimentary case evaluation over the telephone. Our office has free parking available and is ADA accessible.


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