Legal Question in Employment Law in Georgia

Overtime pay?

If you are getting paid salary instead of hourly is that based on a 40 hour week. and if you work more than 40 hours should you get paid overtime?


Asked on 6/24/09, 12:50 pm

1 Answer from Attorneys

Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: Overtime pay?

Unless an employee meets one of the statutory "exemptions," the Fair Labor Standards Act (FLSA) requires most employers to pay overtime for all hours worked in excess of 40 in a work week. An employee is not exempt simply because he/she is paid a salary. There is a complex set of regulations that interpret the FLSA exemptions. Generally, an employee must be paid on a salary basis at least $455 per week, and must perform exempt job duties.

If you believe you have been wrongfully denied overtime compensation, you should consult with an attorney, such as myself, who handles overtime pay cases in Georgia. If you are interested, please contact me using the information in my profile below. I would be happy to offer you a free consultation.

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Answered on 6/24/09, 1:17 pm


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