Am I automatically exempt from overtime if I'm paid a salary?

No. A salary is only part of the test. Your job duties must also fit an FLSA exemption and you must be paid above the federal salary threshold. Misclassified salaried workers are still owed overtime.

Can I double my recovery with liquidated damages?

Often yes. Under 29 U.S.C. § 216(b) you can recover unpaid wages plus an equal amount in liquidated damages, unless the employer proves it acted in good faith with reasonable grounds.

Can I be fired for claiming unpaid overtime?

No. Retaliation for asserting FLSA rights is illegal under 29 U.S.C. § 215(a)(3) and is a separate violation with its own remedies.

Georgia FLSA Wage & Hour Attorneys

Unpaid Overtime? Get Back Every Dollar You Earned.

We Don’t Back Down

If your employer misclassified you as exempt, made you work off the clock, or miscalculated your overtime, federal law may entitle you to your unpaid wages plus an equal amount in penalties. Morrison & Hughes holds Georgia employers accountable under the Fair Labor Standards Act.

Check If You’re Owed Overtime Call 404-LAW-TEAM

No Fee Unless We Win

Free & Confidential Consultation

Double Damages Available Under the FLSA

Statewide Georgia Representation

$0M

Overtime Back Wages Recovered

U.S. DOL Wage & Hour Division, FY 2024 (FLSA overtime)

Workers Paid Back for Overtime

U.S. DOL Wage & Hour Division, FY 2024

$0B

Stolen From Workers Yearly

Economic Policy Institute (min.-wage violations alone)

0×

Overtime Pay Rate Required

FLSA, 29 U.S.C. § 207 (time-and-a-half over 40 hrs)

Wage Theft Is Real — And It’s Recoverable

You Worked the Hours. You Deserve the Pay.

Overtime theft rarely looks like theft. It looks like a “salaried” title that strips you of overtime you should still get. It looks like clocking out and finishing the job anyway. It looks like an off-the-books “regular rate” that quietly shrinks your time-and-a-half. By the time most Georgia workers notice, they’ve lost thousands.

Under the federal Fair Labor Standards Act (FLSA), non-exempt employees must be paid 1.5 times their regular rate for every hour worked beyond 40 in a workweek. Georgia has no separate state overtime law, so the FLSA governs every overtime claim in the state — and it gives workers real teeth: unpaid wages, an equal amount in liquidated (double) damages, and your attorney’s fees paid by the employer.

Morrison & Hughes represents Georgia hourly workers, “salaried” employees who were misclassified, tipped workers, drivers, and independent contractors who were really employees. We work on contingency — no fee unless we win. The consultation is always free and confidential.

See If You Have a Claim

Worker reviewing pay stubs and time records at a desk, calculating unpaid overtime

The Data on Wage Theft

Unpaid Overtime by the Numbers

Overtime violations are the single largest category of recovered back wages in the country. Here is what federal enforcement data and independent researchers tell us about the scale of the problem.

Federal Back Wages Recovered — by Violation Type

U.S. Dept. of Labor, FLSA cases, FY 2024 ($ millions)

Source: U.S. Department of Labor, Wage & Hour Division, FY 2024 FLSA back-wage data ($127.0M overtime; $15.3M minimum wage; $7.4M tips).

Total DOL Back Wages Recovered for Workers

All Wage & Hour enforcement, recent fiscal years ($ millions)

Source: U.S. Department of Labor news releases — $1.5B over 2021–2023 (avg.), and $259M recovered for ~177,000 workers in 2025 (≈$1,465 per worker).

Where the Overtime Money Went

Share of FY 2024 FLSA back wages by category

Source: U.S. DOL Wage & Hour Division, FY 2024 — overtime accounted for roughly 85% of recovered FLSA back wages.

What Wage Theft Costs an Individual Worker

Average annual loss from minimum-wage violations

Source: Economic Policy Institute — affected workers lose ≈$64/week, about $3,300/year, roughly one-quarter of their earnings.

How Employers Steal Overtime

Common Overtime Violations in Georgia

If any of these sound familiar, you may be owed back pay — plus an equal amount in liquidated damages — under the FLSA.

Misclassification as Exempt / Salaried

A salary alone does not make you exempt. Employers slap a manager title or pay you a flat salary to dodge overtime, even when your real duties don’t meet the FLSA’s executive, administrative, or professional tests. Misclassified “exempt” employees are still owed time-and-a-half.

Off-the-Clock Work

Pre-shift setup, post-shift cleanup, working through unpaid lunches, answering calls and emails after hours, or being told to clock out and “finish up.” All of it is compensable time — and it pushes you into overtime once you pass 40 hours in a week.

Miscalculated Regular Rate

Overtime is 1.5× your regular rate — which must include non-discretionary bonuses, shift differentials, and commissions. Employers routinely base overtime on base pay only, shorting you on every overtime hour you work.

Illegal “Comp Time” Abuse

Private employers generally cannot give non-exempt workers paid time off instead of cash overtime. “We’ll give you a day off next week” is not a lawful substitute for time-and-a-half — and banking hours to avoid a 40-hour week is unlawful.

Tipped-Worker Violations

Improper tip pooling, illegal tip credits, unpaid side work, and overtime calculated on the sub-minimum cash wage instead of the full minimum wage. Tip violations alone cost workers millions in recovered back wages each year.

Independent-Contractor Misclassification

Calling you a “1099 contractor” doesn’t make it true. If the company controls your schedule, tools, and how you work, you may legally be an employee — entitled to overtime, minimum wage, and FLSA protections you’ve been denied.

The Law That Protects You

The Fair Labor Standards Act (FLSA) Governs Overtime in Georgia

Georgia has no separate state overtime statute, so overtime claims in Georgia are governed entirely by the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Here is what the law actually guarantees.

29 U.S.C. § 207

Time-and-a-Half Over 40 Hours

Non-exempt employees must be paid at least 1.5× their regular rate for every hour worked beyond 40 in a single workweek. Overtime is calculated weekly — not averaged across pay periods.

29 U.S.C. § 206 — Minimum Wage

$7.25 Federal Floor Applies in Georgia

The federal minimum wage is $7.25/hour — unchanged since 2009. Georgia’s nominal state rate is just $5.15, but the federal $7.25 rate applies to nearly all Georgia workplaces under the FLSA.

29 U.S.C. § 255(a) — Statute of Limitations

2 Years (3 for Willful Violations)

You generally have two years from each violation to recover unpaid overtime. If the employer’s violation was willful, the window extends to three years. Every week that passes can cost you recoverable pay — act early.

29 U.S.C. § 216(b) — Liquidated Damages

Double Damages

The FLSA lets you recover your unpaid overtime plus an equal amount in liquidated damages — effectively doubling your recovery — unless the employer proves it acted in good faith with reasonable grounds.

29 U.S.C. § 216(b) — Attorney’s Fees

The Employer Pays Your Legal Fees

When you win an FLSA claim, the court must award reasonable attorney’s fees and costs against the employer. That’s why we can take wage cases on contingency — you owe no fee unless we win.

29 U.S.C. § 215(a)(3) — Anti-Retaliation

It’s Illegal to Retaliate

Your employer cannot fire, demote, cut hours, or punish you for asserting your overtime rights or filing a complaint. If they retaliate, that’s a separate violation with its own remedies.

What You Can Recover

Unpaid overtime wages (1.5× regular rate over 40 hrs/week)
Unpaid minimum wages and off-the-clock time
Liquidated (double) damages equal to your unpaid wages
Up to 3 years of back pay for willful violations
Reasonable attorney’s fees and court costs
Damages for unlawful retaliation
Misclassification back pay (exempt & 1099 cases)
Corrected regular-rate overtime including bonuses

Free Overtime Eligibility Check

Do You Have an Unpaid Overtime Claim?

Answer a few quick questions. It takes under a minute, it’s confidential, and there’s no obligation. Then a Morrison & Hughes attorney reviews your situation for free.

Step 1 of 6

In a typical week, do you work more than 40 hours?

Count all time worked — including off-the-clock tasks, early arrivals, and after-hours work.

How are you paid?

A salary or “1099” status does not automatically make you exempt from overtime.

Are you paid 1.5× your rate for those extra hours?

Overtime must be time-and-a-half for hours over 40 — not straight time, not comp time, not “off the books.”

When did this happen?

The FLSA generally allows 2 years to recover unpaid overtime — 3 years for willful violations.

Roughly how long has this been going on?

This helps us estimate the back wages you may be owed.

One last step — send this to our team

Your answers are already written into the message below. Add your contact details, tell us anything else in your own words, and press Send Message. Nothing is sent until you do.

Common Questions

Georgia Unpaid Overtime FAQs

Does Georgia have its own overtime law?

No. Georgia has no separate state overtime statute. Overtime for Georgia workers is governed entirely by the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 207, which requires time-and-a-half for hours worked over 40 in a workweek for non-exempt employees. Because federal law applies, your rights are the same whether you work in Marietta, Decatur, LaGrange, or anywhere else in the state.

I’m paid a salary — am I automatically exempt from overtime?

No. Being paid a salary is only one part of the test. To be exempt, your job duties must also genuinely fit one of the FLSA’s exemptions (executive, administrative, professional, etc.) and you must be paid above the federal salary threshold. Employers frequently misclassify salaried workers to avoid overtime. If your real duties don’t match the exemption, you’re still owed time-and-a-half.

How long do I have to file an unpaid overtime claim?

Under 29 U.S.C. § 255(a), the FLSA statute of limitations is generally two years from each violation, extended to three years if the violation was willful. Because each underpaid paycheck can be its own violation, waiting can cost you recoverable weeks of pay. Contact a lawyer as soon as you suspect a problem.

What are “liquidated damages,” and can I really double my recovery?

Yes, often. The FLSA (29 U.S.C. § 216(b)) allows you to recover your unpaid wages plus an equal amount in liquidated damages — effectively doubling your recovery. An employer can avoid liquidated damages only by proving it acted in good faith with reasonable grounds to believe it was complying, which is a difficult standard for them to meet.

Can my employer give me “comp time” instead of overtime pay?

Generally, no — not in the private sector. Private employers must pay non-exempt workers cash overtime at 1.5× the regular rate; they cannot substitute paid time off (“comp time”) for owed overtime. Banking your hours or “evening out” a 50-hour week with a short week later is also unlawful, because overtime is calculated per workweek.

Can I be fired for asking about or claiming unpaid overtime?

It’s illegal for an employer to retaliate against you for asserting your FLSA rights or filing a complaint (29 U.S.C. § 215(a)(3)). If your employer fires you, cuts your hours, or punishes you for raising overtime issues, that retaliation is a separate violation with its own remedies, including reinstatement and additional damages.

What does it cost to hire Morrison & Hughes for a wage case?

Nothing up front. We handle unpaid overtime cases on a contingency fee — you pay no attorney’s fees unless we win. The FLSA also requires losing employers to pay your reasonable attorney’s fees and costs. The initial consultation is always free and confidential, so there’s no risk in calling.

From the Morrison & Hughes Blog

Unpaid Overtime & Wage-Theft Resources

Plain-English guidance for Georgia workers, written by attorneys who fight wage theft. Read these before you talk to HR — or sign anything.

Visit the Morrison & Hughes Blog

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