Overtime Law
Atlanta overtime attorney K.P. Reddy of The Reddy Law Firm, P.C. has more than 20 years' experience helping people get fair pay for their overtime work. Let him share his knowledge of the overtime labor laws that govern employee classification and federal exemptions from employee overtime compensation.
Under the Federal Fair Labor Standards Act (FLSA), which is the law governing overtime in Atlanta, Georgia, overtime is defined as any hours above 40 worked in a single week. Employers engaged in interstate commerce or with business in excess of $500,000 per year must pay not less than one and one half times the regular rates of pay for all overtime worked by employees who are paid hourly. Wages must be paid to employees on the regular payday for the pay period covered. Overtime pay must be paid for the week in which the overtime was worked.
However, there are many employers and employees who are exempt from the laws set out in the FLSA. If you think you have a complaint about an employer who has not paid overtime as required by Atlanta wage law, or if you are an employer accused of breaking overtime law by an employee, you will need help understanding application of the law regarding your particular overtime case. You can turn to the U.S. Department of Labor, Wage and Hour Division, the Georgia State Department of Labor, or an experienced Atlanta overtime law attorney such as K.P. Reddy, who will give you personal attention. You may want to keep in mind that a recent investigation by the Government Accountability Office found that the Labor Department’s Wage and Hour Division mishandled many overtime, final paycheck, and back pay complaints. A good overtime lawyer will track your complaint through the Wage and Hour Division’s process.
Generally, employees who are paid an hourly wage are protected by the Fair Labor Standards Act; they are “non-exempt” from the law. Employees who are paid salaries are usually “exempt” and not protected by the law. Employers do not decide which of their employees they will pay hourly and which will be exempt. The government makes those decisions based on job descriptions and work responsibilities. Job title alone does not make a salaried employee exempt. In order to qualify as exempt, an employee must be paid over $455 per week, and must meet the tests for job duties of an executive, an administrator, a professional, a computer professional, an outside sales person, or a highly compensated employee.
Non-exempt employees usually must be paid time and a half for any hours more than 40 that they work in a single week. If a non-exempt hourly employee works 41 hours at minimum wage, effective July 24, 2009, that employee must be paid $7.25 x 40 = $290.00 plus $10.88 x 1 = $10.88.
In addition, because employees must be paid for required training, even if it is self-directed independent study, any training time in addition to the 40-hour work week would be considered overtime work.
The FLSA does not set out rules limiting the number of hours a day or the number of days in a week that exempt or non-exempt employees over the age of 16 may be scheduled or required to work. Usually, an employer does not have to pay an exempt employee for any overtime. However, the FLSA does set out specific exceptions for certain employers or certain employees whereby:
- A salaried or “exempt” employee may be paid overtime pay; or
- An hourly job may fall in a special classification that makes it exempt from overtime.
As an experienced overtime lawyer in Atlanta, Attorney Reddy understands the law and the exceptions to the law. He can help you research your particular situation to determine if you must pay overtime or if you should be paid overtime.
Employers who violate FLSA overtime pay requirements face civil money penalties of up to $1,100 for each violation. Employees may bring private lawsuits against employers in addition to government prosecution under labor laws.
The Reddy Law Firm in Atlanta, Georgia, is prepared to give you necessary advice and legal counsel about overtime law and how it applies to your particular situation. Attorney Reddy will help you take the necessary steps to recover unpaid overtime wages. He will see that you are protected, as the law requires, from being fired or facing discrimination because you have been brave enough to complain.
