An Atlanta GA Overtime Attorney Explains Your Rights
As an employee, you have certain rights that your employer may not inform you of. That includes the laws surrounding overtime and how compensation should be handled if you work more than a certain number of hours. At Barrett & Farahany we have protected the rights of many people within our community, and an Atlanta GA overtime attorney from our firm may be able to help you as well. If you feel you are being taken advantage of by your employer, contact us for a no-cost consultation.
An Atlanta GA overtime attorney from Barrett & Farahany can tell you that there are two categories for employees:
- Exempt employee. Employers will usually tell employees that if they are paid a salary, then they are exempt from being paid overtime if they work more than 40 hours a week. In truth, they must perform the duties of a truly exempt employee such as an executive, professional, or administrator. (An overtime attorney from our firm can clarify those positions further if you believe they may apply to you.)
- Nonexempt employee. If you are considered nonexempt, under most circumstances you should receive overtime pay if you work more than 40 hours a week.
When an employee is legally eligible for overtime, they are supposed to be paid at a rate of one and a half of their hourly wage. For example, if you make $20 an hour, for each hour of overtime you should earn $30. There are exceptions to this, which an overtime attorney in Atlanta GA from Barrett & Farahany can explain further to you if it applies in your circumstances.
Independent Contractors versus Employees
Many employers will evade paying overtime by classifying their workers as “independent contractors” when in reality, they are nonexempt employees. When you work with an overtime attorney in Atlanta GA from our firm, he or she will determine if in fact you are actually an employee, and not an independent contractor. Some of the criteria that our legal team will examine include the following:
- How much the employer has control over the worker in terms of how they perform their job, when they work, how they dress, etc.
- How much of an opportunity the worker has to gain income or lose it as determined by the employer.
- How permanent the relationship is between the worker and the employer. Contract workers have a specific date by which their contract will end, and though the contract can be extended, it is not the same as hiring a permanent employee.
Get the Justice You Deserve
If you have been cheated of overtime, we may be able to recover the wages you should have earned at the time as well as court costs, attorneys’ fees, and interest. Call us at Barrett & Farahany to schedule a free consultation with an experienced Atlanta GA overtime attorney who may be able to help you get the overtime compensation you deserve.