Summary of Georgia Overtime Law
The outline below covers the main scope of overtime law in Georgia.
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Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.
What Are the OT Laws in Georgia?
Georgia uses a mix of federal and state laws concerning the governing of overtime pay. The Fair Labor Standards Act of 1938 (FLSA), establishes a federal minimum for standards and benefits for employees. This federal law covers minimum wage, overtime pay, and child labor.
Employees covered by the FLSA are eligible for overtime pay in Georgia. However, those that are not covered could still be eligible to receive $5.15 per hour, the state minimum wage, but not overtime rates. To correctly determine your rights to overtime pay, it is essential to understand how the FLSA applies to your employer and your job classification.
FLSA Covers Which Types of Employers?
The FLSA covers the following types of employers:
- Those working in interstate commerce, assisting in the production of products in interstate commerce, or handling, selling or working on goods that move through interstate commerce; AND
- Completes $500,000 or more in gross volume of business or sales
The Types of Employees Overtime Laws Cover
Employees working in interstate commerce may be covered, even if their employer doesn’t fall under these broad parameters. Handling mail, using the internet and telephone, handling credit card transactions, and shipping products from state to state are covered in this category. The FLSA also covers the following classifications of employees:
- Public agencies
- Businesses operating as hospitals, institutions caring for the elderly, mentally ill, or the sick living at the facility
- Chauffeurs, cooks, housekeepers, or full-time babysitters who earn at least $1,700 from a single employer in a calendar year, or ones that work more than 8 hours a week for one or multiple employers.
- Schools for the physically or mentally disabled as well as gifted children; also preschools, elementary and secondary schools, or institutions of higher education
There are exemptions to the labor laws narrowly defined by the Department of labor, and employers must prove these exemptions apply to use them. Otherwise, Georgia recognizes exempt employees as categorized by the FLSA for overtime requirements.
Does Georgia Law Allow “Comp” Time?
Only government employees can receive “comp time” in Georgia as an alternative to overtime pay. “Comp time” is an alternative way of compensating employees by providing them with additional days off in exchange for the overtime hours worked. This practice is illegal for all non-governmental employees under the FLSA, however
Understanding Your State’s OT Laws
State and federal wage laws are complicated. They are also subject to change. This can make determining whether or not you are entitled to compensation complicated. The best option is to speak with a qualified attorney in Georgia experienced in state and federal wage laws. Using an attorney can help ensure you receive compensation from errors in overtime payment.
Do You Think You Have a Case? Contact Lemberg Law for Counsel
If you feel that an employer has taken advantage of you or someone you care about, please get in touch with the Lemberg Law legal team. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for Federal and state wage law violations.