Posted On: December 28, 2009

Deductions for Uniforms Cannot Reduce Your Overtime

Do you have to wear a uniform as a part of your job, and is the cost for the uniform deducted from your paycheck? Your company has to follow a number of guidelines to do this correctly-- and, if they don't follow the guidelines, you may need to contact a Georgia employment attorney.

The FLSA does not specifically limit the ability of an employer to deduct the cost of a uniform from an employee, nor does it require the wearing of a uniform.

If the wearing of a uniform is required by some other law, the nature of a business, or by an employer, the cost and maintenance of the uniform is considered to be a business expense of the employer. If the employer requires the employee to bear the cost, it may not cut into the overtime compensation required by the Act, or affect your minimum wage.

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Posted On: December 21, 2009

Retail Commissions and Overtime

Just because you receive commissions doesn't necessarily mean that you don't qualify for overtime. The FLSA has carved out an exemption to overtime pay for people who receive commissions as a part of their salaries, but it is a very narrow exception. It is possible that people working in malls all across Georgia should be talking to an employment attorney about this issue.

The exemption, Section 7(i), applies to retail and service establishments, which are defined as "establishments, 75% of whose annual dollar volume of sales of goods or services (or of both) is not for resale, and is recognized as retail sales or services in the particular industry."

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Posted On: December 7, 2009

Paralegal Overtime Case

This may be a rare occurrence in Georgia employment law, but a federal court in New York has just ruled that a paralegal who also worked as an independent contractor, both positions being with the same firm, does not fall under the ““highly compensated employee” overtime exemption of the FLSA, even though her firm paid her in excess of $100,000 per year.

The case, Magnoni v. Smith & Laquercia, S.D.N.Y., No. 07-9875, (9/11/09), arose under a set of circumstances that may be apart from the norm, but it is certainly informative.

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