Legal Question in Employment Law in Georgia

Compensation for salaried employees

I work for a City government and am a salaried employee. I am being made to work in addition to my 40 hours a week on matters that have nothing to do with my job. I am not being compensated monetarily or by being given comp time. Is this legal and if not, what can I do?


Asked on 9/09/03, 9:00 am

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Compensation for salaried employees

It may depend in part on whether you are an "exempt" or "non-exempt" employee. "Exempt" means not subject to overtime laws. To be exempt, the person must have significant managerial, supervisory or professional duties and be paid on a salaried basis. If you are an exempt employee, you would not be entitled to overtime under federal wage/hour laws. However, different cities may have different policies on this, so you need to check the personnel rules for the locality in question.

As to the second part of your question, it depends on whether what they are having you do is a legitimate government function. It does not necessarily have to be your regular job. But, if for example, it was requiring you to work in a church, it could be a separation of church/state constitutional problem, as well as a violation of your freedom of religion. There just aren't enough facts here to definitively answer your question.

Special rules apply to teachers under state law.

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Answered on 9/09/03, 11:23 am


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