Overtime Lawyer Blog

Just because sales or other commissions are a part of your paycheck doesn’t mean that you are exempted from overtime pay under the FLSA, says the federal District court in the Southern District of Ohio. Since this case also followed a Kansas District case, it looks like it could be good Georgia employment law as well.

The Ohio case, Keyes v. Car-X Auto Services, Case No. 1:2007cv00503, decided on the Plaintiff’s Motion for Summary Judgment, dealt with a “hybrid” pay plan that included commissions paid against a minimum hourly rate.

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Many Georgia employees have struggled to overcome problems of substance abuse, which can devastate lives both at home and at work. But is it compensable time if you attend a 12- step program that is required as a condition of your employment?

Not according to a federal trial court in Kentucky, which ruled against an employee who was sent to Alcoholics Anonymous meetings by his employer during off- duty time as a stated requirement of his employment. The Court based its decision on an evaluation of who benefited the most from treatment—the Plaintiff, or the Defendant.

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