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.