Overtime Work and Compensation in Georgia

Georgia operates according to federal wage and labor standards, and the Fair Labor Standards Act (FLSA) is crucial to US employment policy. Together with the Wages and Hours Bill, the FLSA requires employers to pay their workers a fair amount based on the number of hours worked. Specifically, any time someone works more than 40 hours per week, the extra hours should be compensated at 1.5 times the normal hourly rate, or “overtime.”

The FLSA applies to Georgia workers “who are engaged in interstate commerce or in the production of goods for commerce, or who are employed by an enterprise engaged in commerce or in the production of goods for commerce.” Although exemptions do exist in some cases, the vast majority of employers that have at least $500,000 of gross sales per year must comply with these rules.

One of the most important and common exemptions applies to “white collar” workers, including professionals, executives, and administrators. However, in order for this exemption to be legitimate, an employer has to prove that someone “plainly and unmistakenly” works within this professional status. This means that your employer cannot simply refuse to pay you overtime because he or she has given you an “executive” title.

If my boss says I am an independent contractor, should I still receive overtime?

Recently, a significant number of Atlanta businesses have found out the hard way that giving an employee the title “independent contractor” does not automatically mean they can refuse to pay overtime. FLSA guidelines are relevant unless the worker really is independent of the employer. Above all, the Court will pay attention to the “economic reality” of the employer-employee relationship in order to decide if an exemption is valid.

In our experience, a surprisingly large number of hardworking people in Atlanta and throughout Georgia are unaware of their rights as employees.

Are you aware that any time you spend working before your shift starts or after it ends, any activities you perform in preparing for your main job functions, and any time you spend traveling between job sites should be included in your 40 hour work week ? If you are being asked to do any of this “off the clock,” then your employer is not paying you fairly.

If you do need to work more than 40 hours per week, then your extra hours should be paid at 1.5 times your normal hourly amount.

In recent years, Courts have made an effort to close the loopholes that have encouraged businesses not to pay people the full amount they should be paid. In an attempt to gain an exemption, many employers tried calling their secretaries “executive assistants”. You may have noticed this trend in the last couple of decades, and it is a perfect example of the ways that exemptions have exploited workers.

Waking up to the damage that was being done, the FLSA clarified in 2004 that positions can only be exempt due to job function rather than job title. In other words, if a person does not actually perform managerial tasks, it does not matter if he or she is called an executive or not—overtime must be paid.

How much time do I have to file an overtime claim?

Georgia’s statute of limitations for recovering overtime is 2 years, meaning that you must file a claim within 2 years of working the overtime in question. In certain cases, if we can prove that your employer was intentionally violating the law by refusing to pay your overtime, it is possible to extend the statute to 3 years.

Is your boss asking you to work “off the clock”?

If you are being asked to perform your job for more than 40 hours per week without being paid for the extra hours, then take note: this is illegal, and you do not have to accept it. While it makes sense that business owners want to pay employees as little as possible in order to maximize their profits, you as a worker have rights of your own. Call us today to see what your options are, so that you can finally receive the pay you deserve.