Federal law under the Fair Labor Standards Act (FLSA) protects employees from wage theft. If you are a non-exempt worker, you are entitled to be paid the higher of the federal or state minimum wage and overtime if you work more than 40 hours in any workweek.
This means your employer cannot choose to pay Georgia’s $5.15 hourly minimum instead of the federal $7.25. It also means if you work 50 hours in a week, your employer cannot cut your hours to 30 the week after and claim they even out to 40 over the two weeks. You have been shorted 10 hours of overtime. For help determining if your employer has violated federal law, contact an Atlanta Fair Labor Standards Act lawyer from the Feldman Legal Group. An employment lawyer could help you file a claim.
Exempt Salaried Employees
Some jobs are exempt under the FLSA, and although these employees are not subject to overtime pay, the FLSA imposes requirements on employers to ensure employees are treated fairly.
Additionally, beginning July 1, 2024, a new rule introduced by the U.S. Department of Labor takes effect that raises the threshold under which salaried executive, administrative, and learned creative and computer professional employees must fall under to be eligible for overtime pay which is one and a half times an employee’s hourly rate after 40 hours. The July 2024 threshold rises to $43,888 from $35,568, enabling about a million workers to qualify for overtime pay. In January 2025, the threshold rises to $58,656, with more than 3 million additional workers qualifying for overtime. This means salaried workers who earn less than $1,128 per week will qualify for overtime in January, up from the current wage of $684 weekly.
The Economic Policy Institute estimates this rule change will add about $1.5 billion to wage earners’ pockets. Contact the Feldman Legal Group to speak with a lawyer in Atlanta about a salaried position and overtime under the Fair Labor Standards Act.
Other FLSA Exempt Jobs
With salaried employees eligible for overtime pay based on wages, there are still some employees who are exempt. These include:
- Commissioned sales representatives
- Outside sales representatives
- Domestic employees
- Farm workers
- Employees of motor carriers
- Those who work for companies with no more than five employees
- Those who work for companies with sales of $40,000 or less
- Tipped employees
There are rules defining each of the exemptions to ensure employers are not labelling an employee incorrectly to avoid paying minimum wage and overtime. Tipped employees follow a different set of rules. Employees who believe they are being shorted wages or overtime should contact an attorney in Atlanta for advice.
What an Atlanta Fair Labor Standards Act Attorney Does for You
You deserve to be paid every dollar you earn, and when an employer attempts to cheat you out of overtime or the minimum wage, Mitchell Feldman, and his team at Feldman Legal Group, could confidently file a lawsuit against these unscrupulous employers. We could secure back wages but can also fight for liquidated damages prescribed under the FLSA. These damages are generally equal to the wages your employer shorted you.
The FLSA also provides for your employer to pay your attorney’s fees, another way to make them accountable for wage theft against you. If you are overwhelmed by how federal law works to get you fairly compensated for your wages and are intimidated by a bullying or uncooperative employer, call us now.
(877) 946-8293