Legal Question in Employment Law in Georgia

refusal to pay overtime, etc

I work at a daycare center and a few months ago, I asked them what their policy was on paying overtime because I noticed on my check that I wasn't paid for it. They informed me point blank that they just don't pay it. Regardless. I put up with it for a few more checks, noticing that in my 2 week pay period, I was working over 80 hours a week and getting paid $6.50 for all of them. So, on the check I recieved today, I wasn't paid for 13 hours this pay period. They had me working 7-7 everyday while my manager was out of town and I'd managed to work 89 hours even with our 2 day Thanksgiving vacation. I get my check today and they have it as I only worked 76. I want to know what I can do about it and how I can approach the overtime pay and is it possible to be compensated for all the overtime they haven't paid me in the past.


Asked on 12/01/04, 5:51 pm

2 Answers from Attorneys
Joyce Glucksman Joyce F. Glucksman, P.C.

Re: refusal to pay overtime, etc

You should be paid overtime for any week in which you work over 40 hours. There are some exceptions in the way a week is calculated and on who is an exempt employee. In a wage and hour case the employer has the burden of proof on the number of hours you worked. They have to prove you didn't work the hours you claim.

You can get back pay for 2 years prior to the time suit is filed or 3 years if it is wilful.

Please contact me if you wish to discuss this further.

DISCLAIMER

This response is for information purposes only. None of the information provided is intended to constitute legal advice or to create an attorney-client relationship. For legal advice regarding specific issues or concerns, you should contact our office or another competent attorney. All information provided to Joyce F. Glucksman, P.C. is confidential however, NO ATTORNEY- CLIENT RELATIONSHIP EXISTS WITHOUT A RETAINER AGREEMENT PROVIDED BY JOYCE F. GLUCKSMAN, P.C.

Georgia Bar Number 298062

Joyce F. Glucksman, P.C.

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Atlanta, Georgia 30329

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Answered on 12/01/04, 10:14 pm
Jeff Kent Kent & Merritt, P.A.

Re: refusal to pay overtime, etc

Joyce is correct in her response. I would only like to add that there are a couple of approaches you can take. You can make a complaint with the Department of Labor, or you can make a claim on your own. Also, the Fair Labor Standards Act, which governs overtime, allows an employee to recover not only the unpaid overtime for two or three years (depending on whether or not the company's actions were wilful) but also liquidated damages and attorney's fees. Liquidated damages are essentially a penalty to the employer, and the amount of those damages equals the amount of unpaid overtime. In other words, if you are owed $1000 in overtime, you could get $2000 because of these liquidated damages.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

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Answered on 12/02/04, 8:21 am


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