Atlanta Overtime Law Attorneys Represent Both Sides in Disputes Over Entitlement to Extra Pay
Georgia labor lawyers well-versed in federal law requirements
The Fair Labor Standards Act (FLSA) entitles employees of most businesses one-and-a-half their normal wage for any overtime work they perform. However, employees in certain jobs or professional classifications are exempt from overtime, and even for nonexempt employees the rules for determining eligibility can be difficult to apply. The lawyers at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC have a combined 150 years of experience representing employees and employers in legal matters concerning overtime pay. We provide counseling on compliance and represent parties on both sides of disputes that may arise.
What is overtime and what does it cover?
Overtime is any time an employee spends at work in excess of 40 hours in a week. The FLSA typically requires overtime pay equal to one-and-a-half times the normal hourly rate, but other calculations such as the fluctuating workweek may apply, limiting the amounts owed. For purposes of calculating overtime, wages, commissions and performance-based bonuses are included but not expense reimbursements, perks, holiday bonuses and other gifts from the employer.
Work time includes all hours the employee is present on the premises, time spent at a designated work area outside those premises and any work done before or after regular hours, including travel between job sites. It does not include nonworking lunch breaks or commute time between work and home.
Seasoned litigators explain which workers are entitled to overtime pay
In most cases, a business is covered by the FLSA overtime provisions if it either:
- Generates at least $500,000 a year in sales, and
- Handles goods or materials that have moved through interstate commerce
Even if a company meets one of those criteria, employees may fall into one of many exempt categories, which include:
- Executive, administrative and professional employees – who either help manage the company or must regularly exercise independent judgment – paid a salary (pay that is the same week after week) of at least $684 per week
- Certain persons who work in transportation, such as motor carriers
- Salespeople who regularly work outside their employers’ offices
- Certain computer specialists who earn at least $27.63 per hour
- Employees of seasonal amusement and recreational businesses, organized camps and religious and nonprofit conference centers
- Newspaper deliverers and employees of certain small newspapers
- Seamen and fishermen
- Employees of small farms
- Certain switchboard operators
- Criminal investigators
- Casual domestic babysitters and companions of those unable to care for themselves (but not nurses or personal or home-care aides)
Skillful advocates protect employees’ overtime rights
Whether deliberately or by honest error, employers may deprive their workers of overtime pay in numerous ways, such as:
- Misclassifying them as administrative or professional workers, independent contractors or other exempt types of workers
- Mischaracterizing their pay as a salary when it is actually based on the number of hours worked
- Giving them job titles that mask the fact that they are nonexempt
- Failing to record or calculate accurately the number of hours they work
Federal law states that claims must be made within either two or three years after the work is performed, depending on circumstances. It also prohibits an employer from retaliating against an employee who demands overtime or files an overtime claim. Retaliation can take the form of termination, demotion or any other adverse job action. We have experience on both sides of retaliation claims, working diligently to protect our clients’ interests.
Whichever side of an overtime dispute we represent, we thoroughly review the facts of the case and advise on the best path for a satisfactory resolution. As plaintiffs’ attorneys, we seek compensation for lost income. If an employer allegedly acted in bad faith, we may also seek liquidated damages equal to the amount of overtime pay that is due. As defense attorneys, we strive to prevent exposure of our clients to liability for overtime violations.
Contact a Georgia lawyer experienced in overtime pay issues
DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC is ready to provide strong counseling and litigation support on overtime pay issues. Call us at 470-443-0524 or contact us online to arrange for a consultation. Our Atlanta office is ADA accessible.