Legal Question in Employment Law in Georgia

overtime wages

i work for a company which has mostly commissioned staff. they recieve commission plus an hourly rate. I am on straight hourly and am forever confused about my paycheck. My last pay stub shows 86.75 regular hours, and 23.25 OT hours. On the time sheet for that pay period I listed a total of 122.17 hours worked. Why do these numbers not add up to the same total?

I was told by my employer that because they consider a week to be Sunday - Saturday that they calculate your hours worked during that particular week and anything over 40 is considered time and a half. And since the weeks don't always line up with the pay periods (1 - 15, and 16 - month end) you are actually being paid for OT hours using a different date range than the pay period.

Is this Legal? Am I being cheated?


Asked on 4/06/09, 3:44 pm

1 Answer from Attorneys
Gregory Fidlon Law Offices of Gregory R. Fidlon, P.C.

Re: overtime wages

It is difficult to say without reviewing your pay stubs and knowing more about your particular circumstances. However, the regulations governing the calculation of overtime pay are complex, particularly where commissions and bonuses are involved. Many employers get it wrong. I would be happy to review your pay records to determine whether you have a valid claim. If you are interested in a free consultation, please contact me using the information in my profile below.

This response is for informational purposes only and does not create an attorney-client relationship.

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Answered on 4/06/09, 7:56 pm


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