How to Know if Your Employer is Violating Overtime Payment Laws

Wage and hour laws are in place to ensure that workers are paid fairly for the standard work they do, as well as for any required overtime. However, some employers either ignore these laws or try to skirt around regular and overtime rules. If your employer is not in compliance with these laws, you have legal remedies.

Georgia follows the Fair Labor Standards Act (FLSA) for employees’ overtime requirements, as there are no specific state laws about overtime pay. Under the FLSA, most employees are entitled to overtime pay when they work more than 40 hours per week. Employers must pay eligible employees not less than one and a half times their regular rate of pay for working overtime.

However, some employees are exempt from the FLSA’s overtime rules, meaning they are not entitled to overtime if they work over 40 hours weekly. Exempt employees include those engaged in executive, administrative, or professional jobs and paid at least $684 in weekly salary.

Employers may claim exemptions or use other methods to try to navigate around the FLSA’s overtime requirements. Here are some common examples:

• Misclassifying employees as independent contractors.
• Incorrectly describing employees as managerial and salaried, so that they fall in the FLSA’s exception of executive, administrative, or professional jobs.
• Claiming that employees don’t work overtime but merely volunteer their time
• Forcing employees to clock out after their normal shift while making them continue to work
• Failing to compensate employees for mandatory attendance at training sessions or conferences

An employer might go further and claim it doesn’t have to pay overtime because the business is too small. However, only the smallest companies are exempt from complying with the FLSA. The statute applies to employers with an annual gross volume of sales of $500,000 that are engaged in interstate commerce or the production of goods. Additionally, hospitals, schools, public agencies and businesses providing nursing or medical care must comply with the FLSA, regardless of their annual gross sales volume.

If you feel that you’re not being paid overtime to which you are entitled, then you should consult with an experienced labor and employment attorney about the remedies potentially available, including back pay, liquidated damages, attorneys’ fees and court costs.

The Reddy Law Firm, P.C. in Suwanee has years of experience in enforcing wage and hour laws for the benefit of workers across Georgia. To schedule a free attorney consultation, contact us online or at 678-629-3246 today.