Kaufman & Forman, P.C.
Call to arrange a consultation
678-957-7769 | 770-390-9200
Contact Us
practice areas

The basics of overtime pay for Georgia employers

The Fair Labor Standards Act (FLSA) governs when a Georgia employer is required to pay employees extra for hours worked over and above 40 hours in a work week.  Not receiving overtime pay is a common complaint of many workers.  Knowing the basics of who is entitled to time-and-a-half and when could help companies avoid such complaints.

Employees covered under the FLSA -- ordinarily workers who are paid by the hour -- are entitled to overtime pay anytime they work more than 40 hours in any given workweek.  Just because an employee works on weekends, holidays or other days an employee would not usually work, does not automatically mean he or she is entitled to time-and-a-half.  It is only when an employee exceeds the standard number of hours that the requirement must be met.

Overtime pay is calculated based on the average of an employee's hourly rate.  The FLSA prescribes how to calculate that hourly rate under different circumstances.  For instance, if an employee performs multiple functions that are paid at different rates, the average of those rates is used.  If an employee is paid a flat rate for a workweek longer than 40 hours, overtime pay may still be applied to all hours over 40.  The FLSA also does not allow employees to waive their right to this additional pay.

This is just an overview of the FLSA rules, and more information can be found here.  When a Georgia business hires an employee, the issue of overtime pay should be addressed at that time.  Both the company and worker need to clearly understand how such pay will be assessed and when.  Such understandings should be documented in order to avoid any confusion in the future.  Taking these measures could help a company defend itself if a worker claims he or she was not paid correctly.

Source: dol.gov, "Fact Sheet #23: Overtime Pay Requirements of the FLSA", , Sept. 26, 2014

No Comments

Leave a comment
Comment Information

Contact Kaufman & Forman, P.C. Now

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

get Legal Help Now

Kaufman & Forman, P.C.
8215 Roswell Road
Building 800
Atlanta, GA 30350

Toll Free: 800-461-5864
Phone: 678-957-7769
Fax: 770-395-6720
Atlanta Law Office Map

Review Us

Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.