Alpharetta Overtime Pay Laws Attorney
Standing up for Georgia employees in overtime pay disputes
Employees who are eligible for overtime pay but are not receiving it have options for getting the premium pay they are owed. Our experienced attorney at The Reddy Law Firm, P.C. vigorously advocates for employees in overtime pay conflicts. We help clients in Alpharetta and throughout Georgia obtain the wage benefits to which they are entitled.
Understanding overtime pay laws in Georgia
The federal Fair Labor Standards Act (FLSA) law controls the right to overtime pay in Georgia. Unless considered exempt under the act, employees are entitled to receive overtime pay at the rate of one-and-a-half times their regular hourly pay for hours worked beyond 40 in a week. If you are not receiving overtime but believe you should be, we will assess your situation and help you pursue your remedies.
Who is eligible for overtime in Georgia?
Only nonexempt employees under the FLSA are eligible for overtime pay in Georgia. A nonexempt employee is one who is paid wages based on hours worked. Exempt employees are workers who get a fixed salary or compensation package no matter how many hours they work. Whether an employee is exempt or nonexempt depends upon factors that include salary amount thresholds and the type of work performed. Exempt employees must be paid above a specific compensation level. People in executive, teaching, professional and administrative roles are commonly classified as exempt. However, in some cases, employees who should be nonexempt are misclassified as exempt and are denied overtime pay. Our attorney can investigate whether you have been misclassified and, if so, pursue recovery of overtime wages you are owed.
Common overtime pay violations by employers
In addition to misclassifying nonexempt employees as exempt, employers may violate overtime pay law by:
- Not paying for hours worked over 40 hours in a week
- Failing to correctly calculate overtime hours or wages
- Misclassifying employees as independent contractors
- Allowing or even requiring nonexempt employees to work “off the clock”
- Offering comp time as an alternative to overtime
Overtime violations in Georgia have resulted in legal actions by wronged employees and recoveries of significant compensation in owed overtime payments and employer penalties.
How employees can protect their overtime rights
You can help to protect yourself against overtime violations by keeping meticulous records of the hours you have worked beyond 40 hours, the overtime wages you are owed calculated as time-and-a-half and your actual paycheck amounts. You can also be alert for unlawful tactics your employer may be using to avoid paying overtime. If your overtime rights were violated, you can file a complaint with the U.S. Department of Labor’s Wage and Hour section who may investigate. You will need to provide information about your employer, the work you do and how you are paid, along with copies of pay stubs and documentation of your hours worked. If the complaint does not result in departmental action, you can consider filing a lawsuit. You can also file a lawsuit without first complaining to the Department of Labor. When we speak with you and learn the specifics of your situation, we can advise on what may be the best path forward.
Contact a well-informed lawyer in Georgia with your overtime pay concerns
At the Reddy Law Firm, P.C., in Alpharetta we fight in behalf of Georgia employees who are wrongfully being denied overtime pay. To schedule a consultation with our experienced labor and employment lawyer, call or contact us online.