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Overtime Claims FAQs

Reliable legal advice from dedicated employment lawyers

If your employer failed to pay you a proper overtime wage, you are entitled to recover that amount and possibly more in damages. At DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC, our attorneys fight to see that workers are fully compensated. We can evaluate your case for free and provide the aggressive representation you need. We offer this brief list of frequently asked questions for workers who think their employers have illegally withheld overtime pay.

If you have further questions, see us for a free consultation.

Let our Atlanta employment lawyers fight for your overtime pay

Don’t let your employer steal your labor! The attorneys at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC will fight to recover your overtime pay. To schedule a free consultation, call our Atlanta office at 470-443-0524 or contact us online.


How does overtime work in Georgia?

If a business comes under the Fair Labor Standards Act, the employer must pay at least the federal minimum wage. After a nonexempt worker has worked 40 hours in a continuous 168 hour period, the employer must pay that worker one and a half times the hourly rate for additional hours worked within that continuous period.

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What employers have to pay overtime?

Businesses that fall under the FLSA include schools, hospitals, government agencies and companies that engage in interstate commerce and do at least $500,000 worth of business annually.

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What employees are entitled to overtime pay?

There are two types of employees: those who are exempt from FSLA overtime rules and those who are nonexempt (to whom the rules apply). An exempt employee draws a set salary of at least $455 per week and carries out executive, administrative, professional, computer or sales functions. A nonexempt employee is an hourly wage worker whose duties are of the traditional “blue collar” variety. Employers may require unpaid overtime from exempt employees. However, employers covered by FLSA must pay nonexempt employees time and a half for overtime.

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What is misclassification and how does it affect overtime?

Misclassification occurs when an employer lists a worker who fulfills nonexempt duties as an exempt employee for the purpose of avoiding paid overtime. Calling an office worker an administrator when the worker completes receptionist/secretarial tasks rather than administrative duties is an example of misclassification.

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What are some common violations of overtime law?

Misclassification is a major wage and hour violation, but employers also short their workers by failing to count hours worked accurately and miscalculating the hourly rate for overtime.

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