Brooks v. Gilbert

228 S.E.2d 16, 139 Ga. App. 9, 1976 Ga. App. LEXIS 1656

Opinion

Clark, Judge.

This is an action to recover overtime compensation under the Fair Labor Standards Act (29 USCA § 201 et seq.). Summary judgment was awarded to defendant employer and plaintiff employee appealed.

The evidence adduced upon the defendant’s summary judgment motion shows that the plaintiff worked as a secretary in defendant’s Georgia law firm; that the firm was engaged exclusively in the practice of law; that more than 80% of the firm’s annual dollar volume was generated within this state; and that the firm’s annual dollar volume never exceeded $225,000. Held:

Submitted June 7, 1976 Decided June 11, 1976. Robert A. Sneed & Associates, Roger J. Bauer, for appellant. Gilbert & Blum, Fred A. Gilbert, for appellee.

The defendant was exempt from the overtime compensation provisions of the Fair Labor Standards Act. 29 USCA § 213. Accordingly, the trial court did not err in awarding summary judgment to defendant.

Judgment affirmed.

Bell, C. J., and Stolz, J., concur.