Legal Question in Employment Law in Georgia
My wife works for an design firm in atlanta, ga that bills clients on a hourly basis. They have to enter their hours every week for what to bill to clients - required to do at least 40. She is a full time salary employee at the company. This means as she works extra hours (sometimes up to 60 hours) per week, she is paid the same salary amount, regardless of how many billed hours she has worked for clients.
Her boss has instituted a new rule that if they have under 40 billable hours per week, they are not paid for any missing hours. For instance, she was in a car wreck (not her fault) one afternoon over lunch and was not paid for the 4 hours she missed that afternoon dealing with the hospital. But the week before she had worked 8 extra hours. Is this legal for georgia salary employees? This means she will continue to work extra hours and not be paid as she is classified as a salary employee, but as a salary employee she will still have pay removed if its under 40 billable hours.
Im assuming this isnt legal, so im curious if someone can point me to a document that states this as proof, and tell me what legal recourse we could have?
1 Answer from Attorneys
Issues of overtime payment are governed by the federal Fair Labor Standards Act (the "FLSA") and the FLSA's implementing regulations.
Determining who is and is not covered by overtime pay requirements is often a complex and fact-specific exercise, when dealing with individuals who are nominally identified as salaried workers. In order to determine how the FLSA would apply to your wife would require more information that you have provide here, however, based upon the limited information you have provided it would be wise to consult with an attorney experienced in labor and employment law to look into the particular circumstances of your wife's case.
Please feel free to contact my firm for a consultation if this an issue your wife is interesed in pursuing.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
