House republicans are set to consider legislation that may weaken your
right to overtime compensation under federal law. The Fair Labor Standards
Act (FLSA) is one of the oldest federal labor laws, setting forth certain
minimum wage and overtime standards applicable to virtually all U.S. employers.
The FLSA provides that all non-exempt employees are entitled to be paid
overtime at a rate of one and one-half times their regular rate of pay
for all hours worked in excess of 40 hours in any work week.
Currently overtime violations are one of the main sources of litigation
in employment law, with many employers intentionally or accidentally failing
to pay workers all the overtime wages they are entitled to. Because overtime
compensation can make up a significant part of a worker’s take home
pay – ensuring an employer follows the law and pays you what you
deserve is crucial.
If you have questions about the FLSA or are concerned that you haven’t
been paid all the overtime wages you are entitled to, it’s a good
idea to consult with an experienced
Atlanta wage and hour attorney right away.
The new legislation seeks to amend the FLSA to make it even harder to get
the overtime pay you deserve. The policies under consideration –
ironically labeled “family-friendly” – will likely weaken
overtime pay policies. The proposed law would change the policy of requiring
employers to pay workers increased wages for working long, to one where
the employers have the option of giving employees more “comp time”
instead of more wages.
As reported in a legislative journal, the FLSA currently requires employers
to pay overtime for wage-earners who work more than 40-hours- “giving
employers little control over how to compensate those workers except for
managing their hours in a way that prevents excess work.” If the
new legislation is passed, employers would have more control over how
workers are compensated for overtime work, since they would likely have
to approve taking time off under comp time.
A worker’s rights advocate explains: “Employers will be able
to discriminate against employees who want overtime pay and employers
would control when employees could use the comp time. This bill is not
As Georgia employment lawyers dedicated to workers rights, the attorneys
at The Buckley Law Firm, LLC will be paying close attention to this overtime
For more information or if you have questions about the FLSA or overtime
pay, please contact our office to speak to one of our skilled
Atlanta overtime lawyers right away.