Georgia Court of Appeals, 1976

Brooks v. Gilbert

Brooks v. Gilbert
Georgia Court of Appeals · Decided June 11, 1976 · Clark
139 Ga. App. 9; 228 S.E.2d 16; 1976 Ga. App. LEXIS 1656

Brooks v. Gilbert

Opinion of the Court

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. 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.

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