Georgia Overtime Law
Everyone who puts on a uniform, punches the clock, and works hard to earn a living deserves to be compensated fairly and correctly. Sometimes, however, questions may arise about whether an employer correctly paid an employee based on the laws that apply to working relationships in the United States. This is particularly common when it comes to overtime time pay.
Labor and employment law generally requires employers to pay their employees honestly and faithfully — including, in many cases, for overtime.
In Georgia, overtime law is governed by the federal Fair Labor Standards Act (FLSA). It requires that all employees be paid one and one half times their regular rate of pay for any hours they work in excess of 40 hours during any given week (commonly referred to as “time and a half”).
Exempt Employees from Overtime
Some employees are exempt or fall outside of the overtime requirements in the FLSA. Specifically, overtime pay is not required for salaried employees who perform the following kinds of duties:
That might seem straightforward, but in reality, it isn’t always easy to determine who meets these definitions and who does not. Overtime violations are among the most common employee complaints in Georgia, and the law in this area is very complex. In fact, employers often mistakenly assume that an employee is exempt from FLSA when they are actually entitled to overtime pay.
Common Overtime Pay Violations
Employers don’t always intend to underpay their employees, but it still happens with surprising frequency. Scenarios that may give rise to successful claims for overtime violations include:
- Employer confusion about what “administrative,” “executive,” and “professional” really mean (the statutory definitions are much narrower than employers sometimes realize).
- Failing to maintain records about who worked, when, and for how long.
- Treating regular wages as “salary” (depending on the nature of your job, even wages that seem like “salary” don’t always meet the legal definition of that term).
- Deducting break time from your pay even if you didn’t take the breaks.
- Paying some overtime wages but less than “time and a half.”
- Failing to pay for time spent training, traveling between job sites, changing into protective clothing, or working “off the clock.”
- Docking an employee’s pay for impermissible reasons.
- Mistakenly labeling employees as Independent Contractors.
- Forgetting to factor in bonuses, commissions, and other “extra” wages when calculating overtime pay.
- Making simple mathematical errors when calculating the number of hours an employee worked in a week.
An Atlanta Wage & Hour Lawyer Can Help
It’s always best to talk with an experienced overtime attorney if you have concerns about overtime pay. Too often, employees and employers alike believe that their payments are being issued in compliance with state and federal law when, in fact, they’re not.
The dedicated legal team at The Reddy Law Firm, P.C. can help you seek compensation for any overtime payments or other unpaid wages to which you may be entitled. Attorney K.P. Reddy has years of experience in representing clients in Atlanta, Roswell, Decatur, Johns Creek, and all across Georgia in complex employment law matters. Contact him today at (678) 629-3246 for a free phone consultation.