Legal Question in Employment Law in Georgia
GA Labor Law,
I was just fired for refusing to work on Sunday after woring a 60hr week and it is Friday? I am a salary employee and have not been given an increase in over 3 years, there has been no offer for compensation for the extra hours. My company has just moved to a new facility 25 miles further away from my home, I have agreed to the move but unwilling to spend money to work weekends. Do I have a case?
1 Answer from Attorneys
You mention that you were not compensated for the extra hours worked. Unless you are paid a salary and the duties of your position meet the requirements for one of the "exemptions" under the Fair Labor Standards Act (FLSA), your employer is obligated to pay you overtime for all hours worked in excess of 40 in a given work week. If you are non-exempt and your employer has failed to pay you overtime, it has violated the law. If you objected to working without being properly paid for your overtime, that may be considered "protected activity" under the FLSA. The FLSA also prohibits employers from retaliating against employees who engage in such protected activity. I recommend that you consult with an attorney, such as myself, experienced at handling FLSA claims in GA. I would be happy to offer you a free initial consultation by phone. If you are interested, please click the link below and complete our consultation request form:
http://www.fidlonlegal.com/consultation_request.html
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