If you have ever wondered whether your employer should be paying you overtime, you may need the help of a skilled Atlanta GA overtime attorney at Barrett & Farahany. To help you, we have put together the following FAQ to help answer some frequently asked questions we receive related to overtime pay.
Who is Owed Overtime Pay?
Although there are exceptions, non-exempt employees are usually owed overtime pay. If you are paid by the hour for the work that you do, and you are working more than 40 hours every week, you are likely a non-exempt employee and may very well be entitled to overtime pay.
How Much Should I Be Paid for My Overtime Hours?
Overtime is calculated based on a 40-hour workweek, and the rate of pay for overtime hours (i.e., hours worked over 40) is typically 1.5 times an employee’s hourly rate. Keep in mind that your overtime pay rate may be more than 1.5 times your hourly rate if you receive bonuses, commissions, or other compensation in addition to your hourly wage.
An Atlanta GA overtime attorney at Barrett & Farahany can help you evaluate the facts of your particular situation and give you a good idea about how much overtime your employer may owe you.
How Much Overtime Pay Can I Claim?
The Fair Labor Standards Act (FLSA) allows you to recapture of up to 2 years of overtime pay. In limited circumstances, you may be able to reach back as far as 3 years to reclaim overtime pay that is owed to you. In many overtime cases, double damages (i.e., twice the amount that is technically owed to you for the overtime hours you worked) may be available, as well as attorney fees for help from your Atlanta GA overtime attorney.
How Do I Know If I Am Entitled to Overtime Pay?
In determining whether you are owed overtime, how you are currently paid and your title at work are not necessarily conclusive. Although certain job positions may almost always be non-exempt and entitled to overtime pay (e.g., most hourly positions, phone sales, administrative assistant positions, most paralegal positions), whether you are exempt or not is largely dependent on the actual duties you perform at your job every day.
An Atlanta GA overtime attorney at Barrett & Farahany can help you analyze your job duties and determine if you are being treated illegally, but generally, if you are an hourly employee, your employer may owe you overtime pay if:
1. You are working more than 40 hours each week but are paid the same amount of money weekly no matter how many hours you work;
2. You are working more than 40 hours each week but you are not being paid 1.5 times your hourly rate for the hours you work beyond 40;
3. Your employer does not document or pay you for the hours he/she asks you to come in early, stay late, or work through lunch;
4. Your employer asks you to do any kind of work that is unpaid or “off the clock.”
Are Salaried Employees Always Exempt from Overtime?
Again, an Atlanta GA overtime attorney can help you determine if the work you do is exempt from overtime, but just as there are certain positions that are almost always non-exempt and entitled to overtime, there are also certain positions that are almost always exempt from overtime pay (e.g., CDL licensed drivers who travel across interstate lines, certain outside sales positions, highly compensated positions, or salaried managerial positions with true managerial duties).
Remember, however, that titles, such as “manager” or “supervisor,” or labels, such as “exempt,” do not necessarily determine whether you are owed overtime. In many cases titles and labels are applied for the very purpose of avoiding paying overtime to non-exempt employees. Therefore, even if you are a salaried employee making the same amount of pay each week, you may be misclassified and entitled to overtime if your job duties are duties normally performed by non-exempt employees.
For example, if you have a managerial title and you are working more than 40 hours each week, you may still be owed overtime pay if you do not truly supervise 2 or more employees, if you perform the same work as the employees you supervise, or if you cannot hire, fire or make other managerial decisions. Additionally, even if you actually perform genuine managerial and supervisory duties, you may still be non-exempt and owed overtime pay if you are paid by the hour rather than salaried.
There are numerous exemptions and exceptions to the FLSA laws about overtime, but an Atlanta GA overtime attorney at Barrett & Farahany can help you determine if you are properly classified and if you are entitled to overtime pay.
What If I Get Fired For Asking About Overtime?
FLSA makes it illegal for your employer to fire you in retaliation for asking about overtime pay or for consulting an attorney to help with your overtime claim (and this is true even if it turns out that you are properly classified and NOT entitled to overtime pay). If you think you may be owed overtime pay or if you have been terminated for asking questions about overtime pay, you should call Barrett & Farahany at 404-487-0903 so an Atlanta GA overtime attorney can talk with you about your situation and help determine whether you have an overtime claim we can help with.