Legal Question in Employment Law in Georgia

My husband is employed at a privately owned grocery store in the state of Georgia as a salaried manager (a fixed rate on pay). Despite supposedly having a fixed income rate, he is required to clock in and clock out for all breaks (including meals), business phone calls, etc., during his 10 hour/day work shift. They docked his pay because of a family medical emergency, and are now requiring him to work double shifts, open to close, 6 days a week without an increase in his salary (set for a 50 hour work week, NOT an 80 hour work week) or he will be fired. According to GA state labor laws, is what they are doing legal? I think this falls under both Family Medical Leave Act as well as Employment Law. Thanks!


Asked on 1/14/10, 3:09 pm

1 Answer from Attorneys
Jack Rosenberg Jack Rosenberg, Attorney at Law

Can the employer do this? The answer is, it depends and the two issues are interrelated.

For the overtime issue: If he is a true manager directing the work of 2 or more employees, and he has the authority to hire or fire other employees (or whose recommendation is given weight) then he is exempt from overtime pay under the FLSA. If he is not a true manager then he would be non-exempt and eligible for overtime pay.

FMLA is unpaid. However a true manager on salary is generally to receive weekly pay no matter the hours worked, if he is truly exempt. You should consult a knowledgeable attorney in the area, such as myself at www.georgiaunemploymentlawyer.com.

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Answered on 1/19/10, 4:19 pm


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