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Are Eligible for Overtime Pay?

Most employers and employees have a misconception that if you receive a salary, you’re ineligible for overtime pay. And that misconception is hurting workers right here in Marietta.

Under the Fair Labor Standards Act (FLSA), nonexempt employees who work more than 40 hours in a workweek are entitled to overtime compensation of time and a half – regardless if they’re paid hourly or if they’re on salary. Therefore, don’t let your employer stifle your maximum earnings by convincing you the law doesn’t apply to your situation. As a leading Marietta employment attorney, Barrett & Farahany, LLP can help you understand regulations in order to stand up for your rights in wage conflicts.

Almost 80 percent of employees are entitled to overtime pay, but more than 70 percent of employers are not following laws set by the FLSA.

Overtime ineligibility is one of the top violations in today’s workplace. Employers in Marietta and throughout Georgia regularly categorize workers as exempt or salaried in order to avoid paying overtime. Many of these salaried employees who think they receive better compensation than hourly workers are actually logging more hours and seeing less of the financial rewards.

Yet, the law has very stringent requirements in place to categorize an employee as exempt from FLSA. If you are salaried, you may be eligible for overtime if you fall under these scenarios:

  • You earn less than $23,000 annually in Marietta or anywhere else in the State of Georgia
  • You earn the same amount of money each pay period
  • You don’t supervise or manage other employees within the company
  • Your title may be manager, but you don’t make any significant financial or business decisions
  • You have to get approval on decisions made in regards to your job
  • Your employer refuses to pay for unapproved overtime, even though you worked the hours

To find out if you qualify for overtime pay under FLSA, contact a Marietta employment lawyer at Barrett & Farahany who can review your situation and explain whether or not you have a claim. You may be entitled to back pay for up to three years, and you can ensure that your employer pays you the maximum amount you deserve moving forward.

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