How Do I Know If I’m Eligible for Overtime Pay?


You work hard for your employer and do your best to meet the demands of your position. In return, your employer pays you for this work. It is the dynamic that makes the business world go round. When you go above and beyond for your employer, how do you know if you are entitled to overtime pay?

Some employers make it difficult to determine if you qualify for overtime. Some workplaces try to keep employees in the dark about the overtime pay policy because it saves them money. Here’s what you need to know about overtime pay in the state of Georgia.

What Counts as Overtime Pay?

There are no state-specific laws about overtime pay in Georgia. With no state laws on the books, the federal wage and hour laws of the Fair Labor Standards Act apply. This law states that hourly employees who work over 40 hours a week may be entitled to overtime pay. For example, if an employee clocks 42 hours within seven consecutive days, they may receive overtime pay for those two extra hours in addition to their normal hourly pay.

The rate of overtime pay is one and a half times the employee’s normal hourly wage. If an employee makes the federal minimum wage of $7.25 per hour, then overtime should be paid out at $10.88 per hour. An employer can require certain employees to work overtime, however, they must also properly compensate employees who work over 40 hours in a given workweek.

When Might Workers Not Be Eligible for Overtime?

There are situations where working over 40 hours in a week does not entitle an employee to overtime wages. Employees who are classified are “salaried” employees are generally exempt from overtime laws. Typically, salaried employees who do not qualify for overtime are executive, administrative, and professional employees. However, these employees must be earning at least $684 per week on a salary basis.

Another exception to be aware of are workers who are categorized by their employer as independent contractors. Independent contractors are generally not able to receive overtime pay.

What To Do If You Aren’t Being Paid Fairly

If you are eligible for overtime pay but it isn’t being reflected in your paycheck, your employer may be violating the law. When this happens, employees may be able to file a claim with the Georgia Department of Labor. The department can investigate the claim and may be able to help an employee recover money the money that they may be owed.

The legal process can often be confusing and time-consuming. Employees who believe they are being taken advantage of by their employer may also want to consider consulting with an experienced Georgia labor attorney. An experienced wage and hour attorney could help you recover the money you’ve rightfully earned if you worked overtime and weren’t paid for it.

Contact a Georgia Wage and Hour Lawyer Today

Hourly employees work hard for their money. When a paycheck comes up short because an employer fails to pay overtime accurately and fairly, it can be a source of frustration and resentment. To protect your rights and your hard-earned paycheck, talk to an experienced employment attorney at Vaughn Law Firm today.

At Vaughn Law Firm, we respect your time and will work tirelessly to make sure you have the opportunity to recover the money you worked hard to earn. If you believe that you have been short-changed when it comes to overtime pay, talk to us today. Contact a Georgia wage and hour lawyer at the Vaughn Law Firm to schedule a consultation to discuss your situation today.