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What Employees and Employers Should Know About Overtime

Posted by Kathy Harrington-Sullivan | Dec 12, 2016 | 0 Comments

In most hourly working arrangements, federal and state labor laws require that overtime (1.5 times the employee's hourly rate) must be paid for any time worked in excess of 40 hours per week. This seems straightforward, but unfortunately, many employers are still getting it wrong.

Do I Qualify for Overtime Pay?

Under the Fair Labor Standards Act (FLSA), employees are either exempt (not entitled to overtime pay) or non-exempt (entitled to overtime pay). Although your employer may give you an exempt job title to avoid paying you overtime, your classification really depends on the duties you actually perform at work on a daily basis. For example, if your employer hires or promotes you into a salaried managerial position but you aren't actually managing anyone, you may be misclassified and your employer may be breaking the law by not paying you overtime.

It may feel awkward to talk to your employer about whether you qualify for overtime, but according to the FLSA you are entitled to ask. In fact, the FLSA includes an anti-retaliation provision that makes it illegal for your employer to fire you for reporting an overtime concern.

If you are unsure about whether you qualify for overtime, you should consult an Atlanta employment lawyer to discuss your situation. If you have been terminated for inquiring about overtime pay, you should contact an attorney immediately.

About the Author

Kathy Harrington-Sullivan

Kathy Harrington Sullivan is a Partner at Barrett & Farahany who helps potential clients understand the law, clarify their rights, and determine which steps they can take to protect themselves and their jobs.


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When you reach out to us, you will receive a complimentary consultation with one of our skilled Atlanta employment attorneys. During our initial consultation with you, we can help you to better understand your rights and will work with you to determine what course of action is in your best interest. We take great pride in providing assistance based on years of experience negotiating and litigating employment matters to protect employee interests. If you find yourself in need of dedicated legal representation, we are prepared to advocate on your behalf – our goal is always to protect employee victims of harassment, discrimination, and retaliation.