In 1938, Congress passed the Fair Labor Standards Act, which would go on
to become the foundation for the relationship between employers and employees
that we still adhere to today. Perhaps the most well-known provision of
this law pertains to work hours and how they could make an employee eligible
to receive overtime pay. While many workers think they know when they
should be able to receive this pay, they could be surprised to learn they
aren’t actually eligible. To help you better understand what the
FLSA says, here is just a brief overview of the laws regarding overtime.
Those who are paid a certain rate based on every hour they are on the clock
are considered “hourly” employees. There are two different
types of hourly workers: exempt, and non-exempt (more on that in a minute).
According to the FLSA, all
non-exempt hourly employees must be paid overtime equaling one and one-half times
their normal rate of base pay for each hour they work
beyond 40 hours in a week. In this case, a week is defined as a period of seven consecutive worked days.
Georgia does not have a daily overtime cap. While some states require employers to pay their workers overtime for
each hour worked beyond a certain point each day (usually eight hours),
Georgia has no such rule.
Salaried employees who work in executive, administrative, or other professional
positions and are paid on a salary basis are exempt from FLSA overtime
laws. Employers are not required to pay overtime wages for any hours worked
beyond 40 in a week unless the terms in an employment agreement state
otherwise (however, this is a unique, case-by-case basis).
Under the FLSA, several types of workers are actually exempt from requirements
to be paid overtime when they reach 40 hours in a work week, regardless
of whether they are an hourly or salaried worker. Here are a few of the
surprising and yet common exemptions:
If you are unsure whether or not you qualify for overtime pay or believe
you may have been deprived of overtime wages, call an Atlanta employment
attorney from Buckley Beal, LLP today at (404) 471-3725 and
request a case evaluation!
- Seasonal (part-time) amusement park employees
- Outside sales workers or IT professionals (who often make their own hours)
- Car, truck, plane, or railroad mechanics who don’t work in manufacturing
- Railroad or air carrier employees
- Domestic workers who live in their employer’s residence
- Movie theater employees