Legal Question in Employment Law in Georgia

Re: No difference between salary and hourly

If a company is covered by the Fair Labor Standards Act, employees are supposed to be paid overtime for working over 40 hours per week unless they are exempt employees. In your situation, there are two primary considerations to determine if you should have been paid overtime, as well as several secondary considerations. First, you need to determine if the franchise you work for is a covered employer under the Act, which depends on the franchise's gross sales. Second, you would have to determine whether or not the work you do makes you an exempt employee or not. This second determination includes a number of factors, including whether or nor you supervised two or more employees, whether or not you used independent discretion in your job, whether you were properly paid on a salary basis, etc. Other considerations include whether or not the franchise agreement between the store you work for and the franchisor sets methods for compensation or types of work. A consultation with an attorney woruld probably be able to answer most of these questions, or you could check with the Department of Labor. Attorneys typically take this type of case on a contingency basis with a free consultation, so there would be little out of pocket expenses to you. Let me know if you would like the names of some attorneys in your area. Good luck!