Many employees appreciate overtime work as it means more hours and a higher paycheck. Others, however, may dread it as they simply want to go home, relax, or spend time with their friends and family. Employees may wonder if their boss is allowed to require them to work overtime and generally, the answer is yes. Speak to an Atlanta wage & hour law attorney for more information on your employer’s legal ability to require overtime.
Is Mandatory Overtime Legal in Georgia?
Yes, employers generally have the right to require employees to work overtime in Georgia, given that the employees are classified as non-exempt under the FLSA. Non-exempt employees are typically ones who perform non-managerial tasks and are paid hourly. To be considered non-exempt they must make less than $684 per week.
Federal labor laws outline certain requirements for employers and employees. Individual states are allowed to enact their own laws as well, but like many states Georgia abides by the federal labor laws outlined in the FLSA (Fair Labor Standards Act).
What is the Fair Labor Standards Act?
The Fair Labor Standards Act, or FLSA, is a labor law that establishes various rules regarding employment. This act dictates the federal minimum wage, requires recordkeeping, establishes child labor laws, and more.
Under the FLSA nonexempt employees must receive overtime pay for any hours worked that exceed 40 in a workweek. Overtime pay is considered 1.5 their regular rate of pay, also known as time and a half.
Will My Boss Require Overtime?
Whether or not your boss will require you or your coworkers to work overtime hinges on a variety of factors. It can depend on the type of industry you are in, if it is busy season, how many other employees are available to work, and more.
Regardless, given that you fall into categories covered by the FLSA your boss is within their rights to require overtime as long as they are properly compensating the employees. If you refuse to work more than 40 hours per week your employment may be legally terminated.
It is important to note that employers are required to clearly communicate their overtime policies and expectations to their employees. This is an effort to promote transparency and ensure employers are abiding by federal and state labor laws. Without clear communication wage disputes may arise, resulting in legal repercussions.
Who is Exempt from Overtime Pay?
Some employees are not entitled to overtime pay but can still be required to work more than 40 hours per week. Certain administrative, executives, learned professionals, creative professionals, sales, and computer employees are exempt from overtime pay given that they make at least $685 per week or $27.63 per hour.
Work With an Employment Attorney
Understanding the legal implications of employment law can be difficult and overwhelming. If you believe your employment rights have been violated or you are facing issues related to unpaid overtime wages, contact a skilled lawyer with Ben Barret Law to acquire legal representation. Our attorneys will assess your situation and collect evidence to help settle your dispute.
