Alpharetta Lawyer Provides Counsel on Overtime Violations 

Georgia employment attorney ensures compliance with FLSA requirements

The federal Fair Labor Standards Act (FLSA) generally requires that employees who work more than 40 hours per week be paid time and a half for overtime work. However, employers may fail to pay some of their employees the overtime to which they are entitled. This may be due to misclassifying certain employees as exempt from the FLSA requirements pay. At The Reddy Law Firm, P.C. in Alpharetta, we counsel employers and employees about FLSA compliance and about the law’s enforcement provisions.

What are overtime violations?

The FLSA requires employers to pay their employees, except those who are exempt, 150 percent of their normal wage for any work they do in excess of 40 hours per week. The FLSA applies to employers that engage in interstate commerce or have an annual sales volume of $500,000 or more. Employers might violate the overtime provisions of the FLSA in several ways, such as by: 

• Misclassifying a worker as being in an exempt job, such as an executive, administrator or professional 
• Miscalculating the hours worked or the overtime rates
• Paying an employee straight time for weekend work
• Having an employee attend unreimbursed training sessions
• Requiring an employee to work during meals

If you’re a Georgia employer, a labor lawyer from our firm can give you guidance on avoiding FLSA overtime violations.

Employee remedies under the FLSA

If you are a non-exempt employee under the FLSA, you should keep track of your earnings to see if you are being properly paid for overtime work. If you spot inconsistencies, you can ask your employer to correct them and to pay you any wages past due. Your employer is legally prohibited from retaliating against you for demanding payment.

If your employer does not correct the problem, you can file a complaint with the U.S. Department of Labor Wage and Hour Division. You generally have two years from the date of the last violation to file a complaint. However, if your employer’s violation was willful or showed reckless disregard of the law, you have three years to file. An employment lawyer from our firm can assist you in pursuing your complaint or in bringing a lawsuit against your employer. If you prevail, your remedies can include:

• Unpaid overtime – Employers may be required to pay back overtime wages, perhaps for up to three years.
• Liquidated damages – Employers may have to pay damages equal to the amount of unpaid wages, effectively doubling the financial penalty.

Employers who willfully misclassify employees can face civil penalties of up to $1,000 per violation and criminal prosecution resulting in fines up to $10,000.

Consult with an experienced Georgia overtime violations lawyer

At the Reddy Law Firm, P.C., in Alpharetta we provide advice and representation to Georgia employers and employees in cases of alleged overtime violations. To schedule a consultation with our experienced labor and employment lawyer, call us at 678-629-3246 or contact us online.