Long hours can earn you more money when you earn overtime pay. Typically, you receive 1.5x your normal hourly salary for every hour after 40 worked in a week. This can be the motivation you need to make it through those long weeks. Be aware though that not every employee is eligible to receive overtime pay. Having a solid understanding of how Georgia overtime pay works, and the laws that govern it, can help keep that money where it belongs, in your hands.
Summary of Georgia Overtime Law
The outline below covers the main scope of overtime law in Georgia.
State/Federal Statutes
Fair Labor Standards Act (FLSA) of 1938)
Georgia Minimum Wage Law (GA Code § 34-4-3)
Methods For Overtime Calculation:
Hourly Employees: 1.5 x Normal pay rate for all hours above 40 in a single workweek.
Hourly Employees with Plus Bonus and/or Commission: To determine the regular rate, take the total hours worked multiplied by the hourly rate, then add the workweek bonus/commission. Next, divide by the total hours in a single workweek. Finally, pay half of the adjusted rate for every hour of overtime.
Salary Employees: To determine the regular rate, take the salary and divide by the number of hours the salary is supposed to cover.
Add the regular rate for each hour up to 40 hours if the hours total less than 40. For all hours after 40, pay 1.5 x the regular rate.
Pay 1.5 x the regular rate for each hour over if the total hours worked is above 40.
Overtime Rules for Georgia
Mandatory rate of 1.5 x normal pay for working over 40 hours
Only government employees qualify for “comp time”
Working more 8 hours a day does not result in mandatory overtime
Statute of limitation for collecting unpaid overtime is 2 years
Wage Complaint Filing Process
File a Complaint to the U.S. Dept. of Labor (Georgia does not have an independent state enforcement process)
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.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
I work for cash I work 54 hours a week am do i qualify for overtime
Lana L
I work in home health, paid on a per patient basis, we are also required to work 1 weekend every other month at the hospital at a different rate, when we work the weekend we are working 2 weeks straight without a day off, so working at the very least 2, 40 hour weeks then sometimes 9-12 hour days on the weekend, Im just wondering what my rights are.
Beth M
By Ga. Law is my company required to pay time an half on hourly pay overtime I get paid every 2wks.
Amy A
I travel from store to store as an inventory auditor. Our drive time is paid separately from our work hours to avoid overtime compensation. Is that legal!
Tim
I get paid weekly and do not get paid over time it is straight pay after 40 hours. They say since I am a new employee. I have to wait to qualify for overtime.
Martha A
my employer pays every 2 weeks and will not pay overtime unless we have a total of 80 hours first. That does not seem right if you work ovretime one week and you are off the next week.
David T
I have payroll every two weeks. It starts on Sunday and ends on a Saturday. I had an employee that switched his shift from the the start of a new payroll, to the Saturday of the last payroll. This put his entire shift on as over time. An employee induced glitch. I did not approve of the switch. Am I required by law to pay him over time? This is in Georgia.
I work for cash I work 54 hours a week am do i qualify for overtime
I work in home health, paid on a per patient basis, we are also required to work 1 weekend every other month at the hospital at a different rate, when we work the weekend we are working 2 weeks straight without a day off, so working at the very least 2, 40 hour weeks then sometimes 9-12 hour days on the weekend, Im just wondering what my rights are.
By Ga. Law is my company required to pay time an half on hourly pay overtime I get paid every 2wks.
I travel from store to store as an inventory auditor. Our drive time is paid separately from our work hours to avoid overtime compensation. Is that legal!
I get paid weekly and do not get paid over time it is straight pay after 40 hours. They say since I am a new employee. I have to wait to qualify for overtime.
my employer pays every 2 weeks and will not pay overtime unless we have a total of 80 hours first. That does not seem right if you work ovretime one week and you are off the next week.
I have payroll every two weeks. It starts on Sunday and ends on a Saturday. I had an employee that switched his shift from the the start of a new payroll, to the Saturday of the last payroll. This put his entire shift on as over time. An employee induced glitch. I did not approve of the switch. Am I required by law to pay him over time? This is in Georgia.