Unpaid Overtime

The number of wage and hour lawsuits and wage theft claims has increased dramatically in recent years, and unpaid overtime ranks among the most contentious issues. The Fair Labor Standards Act (FLSA)’s provisions for overtime pay entitle workers to one and a half times their regular hourly rate for each hour they work beyond their regular 40 hours in a week.

Exemption from Overtime

Whether an employee is entitled to overtime pay depends on their status. Workers who are classified as “exempt” are not eligible to receive overtime pay. Exempt workers are generally salaried workers with managerial or supervisory roles.

Typically, the following types of jobs are exempt from overtime pay under the FLSA:

• Managers
• Executives
• Teachers
• Professors
• Computer Professionals
• Administrators
• Independent Contractors
• Scientists

Illegal Employment Practices

Some employers use unsavory tactics to avoid paying workers overtime. Any of the following policies should raise a red flag:

• Not compensating you for time worked beyond 40 hours
• Requiring you to work off the clock
• Not paying you a higher rate for overtime work
• Not paying you for down time, preparation time, or clean up time on the job
• Requiring you to be on call and not compensating you accordingly

Unfortunately, these tactics are relatively commonplace in the workforce. Many employers make these mistakes in good faith because they do not know the specifics of employment law and overtime pay requirements. These illegal business practices may have been the company’s policy for many years.

If you believe that your employer is engaging in illegal employment practices, contact a Georgia employment attorney immediately to discuss your situation.

Misclassification of Employees

Unfortunately, it is common for employers to misclassify employees, deeming them exempt when they should be entitled to overtime pay. If you regularly work more than 40 hours per week without receiving overtime pay, you should consult with an attorney. You may be entitled to receive back pay related to your overtime. Parks, Chesin & Walbert can help you recover your overtime pay plus damages.

An employer who fails to pay overtime may not be required to pay a penalty if the failure stemmed from a good-faith error in classification. They will, however, be required to compensate employees for unpaid overtime.

Contact a Lawyer to Discuss Your Responsibilities

As an employer, you have the responsibility to comply with the FLSA and pay your employees all compensation they are entitled to receive. To ensure that your policies comply with the FLSA, talk with the attorneys at Parks, Chesin & Walbert. They understand the requirements and nuances of the FLSA. They can answer your questions about classification, overtime, wage theft and other issues. Call us at 404-873-8048.