Are You Entitled to Back Pay for Overtime Hours?
Experienced Atlanta Wage and Hour Attorneys
If you work more than 40 hours per week, you may be entitled to overtime pay, despite what your employer may say. Some employees are intentionally or mistakenly misclassified as exempt from overtime. Some employers avoid paying overtime through threats or misinformation.
If you have been wrongly denied overtime pay, the law firm of Feldman Morgado, P.A., can represent you in claims for recovery of wages, plus damages and attorney's fees. Our wage and hour lawyers have helped many clients in diverse occupations win back substantial sums in unpaid overtime cases.
Cheated Out of Overtime Pay?
We handle unpaid overtime claims in the metro Atlanta area and surrounding counties of North Georgia. Contact us today to arrange a free case evaluation.
Georgia Unpaid Overtime Claim Lawyers
The federal Fair Labor Standards Act (FLSA) entitles workers to overtime pay — equal to one and a half times their regular hourly rate — for every hour worked beyond 40 hours in a week. For example, if the regular wage was $8.50 per hour, that worker should be paid $8.50 plus $4.25 ($12.75) for each overtime hour. The FLSA does exempt certain occupations from these rules, as discussed below.
If it is determined that an employer failed to pay time-and-a-half for overtime, you may be entitled to recover: (a) liquidated damages of double the amount of all unpaid overtime wages, plus (b) attorney's fees. Employers may be exempt from liquidated damages if they can prove a good faith effort to comply with the FLSA, but they would still be responsible for the back pay.
Some unscrupulous employers use various tricks to avoid paying overtime. You should consult an attorney if you:
- Are not paid at all for hours over 40 (as a salaried worker, for example)
- Are paid straight time instead of overtime
- Are required to work off the clock
- Are not paid for prep time or clean-up time
- Are not compensated for down time or being on-call
You should also seek legal counsel if your employer has threatened or carried out retaliation for filing an FLSA claim or demanding overtime.
Is Your Job Really Exempt From Overtime?
The FLSA makes several exceptions to the overtime requirement. However, you should not take your employer's word that you are exempt from overtime. Feldman Morgado can review the specific facts of your case if you are considered exempted from overtime as a:
- Teacher or professor
- Computer professional
- Outside sales consultant
- Independent contractor
It is not the job title that determines your eligibility for overtime, but the actual job duties. Supervising others, for example, does not automatically exempt you from overtime. If the bulk of your job involves the same duties as hourly employees, you may not be exempt.
Atlanta Overtime Pay Dispute Lawyers
If you believe that you have been wrongly deprived of overtime pay, you can't trust your employer to give you accurate information and you should not take matters into your own hands. Our attorneys have handled hundreds of wage and hour cases, and we will vigorously pursue your full back pay and damages under the law.