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Morrison & Hughes


Wage & Overtime


Failure to Pay Overtime or Minimum Wage

“Most employees who work more than 40 hours per week are entitled by law to Overtime Pay. Many employers try to avoid paying “time and a half” to their employees. Yet, these employers are in violation of Federal Law, secretly cutting your pay. If you suspect that an employer has failed to pay you or someone that you know their overtime, or failed to pay minimum wage, call us right away to discuss your rights.”

What is the Fair Labor Standards Act (“FLSA”)?

The FLSA establishes minimum wage, overtime pay, record-keeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.

When is overtime due?

For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and firefighters employed by public agencies and to employees of hospitals and nursing homes.

What is the minimum wage?

Since 7/24/2009, the Federal minimum wage has been $7.25 per hour for most employees. The State of Georgia does not currently require a higher minimum wage than the Federal rate. Some minimum wage exceptions apply under specific circumstances to workers with disabilities, full-time students, youth under age 20 in their first 90 consecutive calendar days of employment, tipped employees and student-learners.

Do I have a job that is “exempt” from overtime pay?

Certain types of jobs are not covered or exempt from the overtime laws. This means that certain kinds of employees are not legally entitled to overtime pay. Examples include executives, certain professionals, some administrative employees, and outside sales people. However, there is a complicated test for each exemption, and employers often misclassify their employees as exempt in an attempt to avoid paying overtime. visit the Department of Labor’s website by clicking HERE to learn more about exemptions, then contact Morrison & Hughes to speak with a lawyer about your rights.

My boss told me that I am not allowed to get overtime pay because of my job title. Does that matter?

Absolutely not. Your job title does NOT determine whether you are entitled to overtime.

I am an undocumented worker, and my boss has not paid me in several weeks. Can I sue?

If you are working, you deserve to be paid. An employer who pays you less than minimum wage, no wage, or even fails to pay you overtime can be sued to recover your lost wages. This is true even if you are an undocmented worker or “illegal immigrant.”

Can my employer fire me or punish me for requesting the unpaid overtime I am entitled to?

Employers are legally forbidden to retaliate against you for filing a legitimate claim for unpaid overtime, or for testifying for anyone else who is seeking overtime pay. If your employer has terminated your employment because you asked for overtime pay, seek legal help immediately.

Is extra pay required for weekend or night work?

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee’s representative). The FLSA does not require extra pay for weekend or night work. However, if workign nights or weekends results in working more than 40 hours in a single workweek, then you are entitled to overtime pay, so long as your job type is not exempt.