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Articles Posted in FLSA

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Differentiating Between Interns and Employees Under the Fair Labor Standards Act in Georgia

On Sept. 25, Warner Bros. Pictures released “The Intern,” a film starring Robert DeNiro as an intern at an e-commerce fashion company. Two weeks earlier, in an event of potentially much greater significance to interns in Georgia and the employers who use them, the 11th Circuit Court of Appeals handed…

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Monitoring Radio Is Not Enough to Transform Breaks Into Work Time, Holds 6th Cir.

Security guards required by their employer to monitor the radio during their meal breaks were not entitled to pay for those breaks, as monitoring the radio and responding to possible emergencies did not transform the break into compensable time. The case was decided by the U.S. Court of Appeals for…

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New Overtime Wage Requirements Could Grant Overtime Rights to Thousands of Georgia Workers

The Department of Labor is considering raising the minimum wage an employee must earn to be considered an overtime exempt employee. If the proposed rules raise the wage threshold as expected, millions of workers who thus far have been exempt from overtime pay could be eligible. The federal law that…

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Employer That Edited Overtime Records Liable for FLSA Violations

The Eleventh Circuit last month affirmed the basic principles of the Fair Labor Standards Act (FLSA) by denying an employer’s attempt to blame its employee’s conduct for the employer’s violation of overtime wage laws. The case, Bailey v. TitleMax of Georgia, involved an FLSA overtime claim brought by an employee…

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Whether Georgia Employees Are Exempt From FLSA Overtime is a Fact-Intensive Inquiry

Generally, an employer must pay employees overtime wages unless the employee is exempt under federal or state law. Determining whether an employee is overtime exempt can be difficult, especially if the employee’s duties are of a mixed nature. In a recent case, the Court of Appeals of Georgia noted that…

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