Overtime Eligibility: Should You Be Getting Paid More for Your 40+ Hours?

In Georgia, certain workers who put in more than 40 hours per week must be paid a minimum hourly wage of $10.88. This figure is one-and-a-half times the federal minimum wage of $7.25 per hour, which is used in lieu of the state minimum wage of $5.15. Overtime wage laws were originally established to protect America’s workers from being taken advantage of by their employers. Manual laborers, firefighters, police officers and other first responders are typically covered by overtime laws. However, there are numerous types of positions that are exempt from earning overtime pay.

Administrators, executives and other professionals who earn an average salary of $455 per week may be legally exempt from earning additional pay for working more than 40 hours in a week. The criteria for overtime exemption are determined by the Fair Labor Standards Act. These are four main job classifications that are not entitled to overtime pay:

• Administrative personnel. People in this job classification perform non-manual work related to the operations of a business, such as accounting functions. Your position must be salaried in order for your employer to claim an overtime exemption.
• Executive personnel. You are considered to be an executive and ineligible for overtime pay if you direct the work of two or more employees. You must be salaried and spend at least 80 percent of your time in this role.
• Outside sales. This job description applies to people whose primary responsibility is to make sales off the employer’s premises. You may work on commission or receive a straight salary.
• Professionals. This includes computer technicians, college professors and similar positions that require a significant amount of education.

If you feel that you are entitled to overtime pay and your employer refuses to pay it, contact Reddy Law Firm, P.C. We are experienced employment law attorneys in Atlanta who are available to protect your right to fair compensation as a worker.