Unpaid Overtime

The Georgia overtime lawyers at SMITH LAW have extensive experience in helping employees recover unpaid overtime pay under the Fair Labor Standards Act ("FLSA").

SMITH LAW has successfully litigated single plaintiff and nationwide collective action cases on behalf of employees who were unlawfully denied overtime pay. Some of those cases involved the following issues:

  • Salaried employees who were improperly classified as exempt from overtime pay;
  • Employees who were paid straight time (their regular hourly rates of pay) when they worked overtime (over 40 hours in a week);
  • Employees who were required to perform "off-the-clock" work;
  • Employees who were not paid for working on call;
  • Employees who were only paid one and one-half times their regular hourly rates of pay for all hours worked over 80 hours in a two-week pay period (instead of one and one-half times their regular rates of pay for all hours worked over 40 in each week of the two-week pay period);
  • Employees who were not paid for meal and rest breaks of twenty minutes or less; and
  • Employees who worked during their 30-minute lunch breaks but were not paid for that 30 minutes because their employers automatically deducted their 30-minute lunch breaks from their pay each week.

What if I am paid a salary?

Many employees incorrectly believe that they are not entitled to overtime pay solely because they are paid a salary. Of course, many employers are only too happy to perpetuate that gross misconception. Whether an employee is entitled to overtime pay mainly depends on the employee's job duties. For example, salaried employees who perform sales and sales-related work from their employer's office (or a home office) are entitled to be paid overtime for all hours worked over 40 in a week. By contrast, salaried employees who perform sales and sales-related work outside of their employer's office (or a home office)—traveling salespersons—are not entitled to be paid overtime.

My employer says that I am exempt because I am a "manager." Is that right?

Job titles do not determine whether an employee is exempt or non-exempt from the overtime wage requirements of the FLSA. For example, a manager who does not have the authority to hire and fire employees is non-exempt and is entitled to be paid overtime (despite having a manager job title and being paid a salary). Similarly, a manager who has the authority to hire and fire employees, but who does not supervise two or more full-time employees, is non-exempt and is entitled to be paid overtime (despite having a manager job title and being paid a salary). As you can see, a small difference in your job duties could mean a BIG difference in your paycheck!

How long do I have to pursue my claim for unpaid wages?

Under the FLSA, an employee has two years to file a lawsuit (or three years if the employer's violation of the FLSA was willful). An employee may recover both back wages and liquidated damages equal to the amount of the back wages award, as well as attorney's fees and court costs.

If you believe that your employer has violated the FLSA, the Georgia overtime lawyers at SMITH LAW can help you pursue all available legal remedies.

DISCLAIMER: The content of this page is not legal advice. Do not rely on it.