Unpaid Overtime Attorney in the Metro Atlanta Area

Are you working long hours, working off the clock, or working through lunches and breaks but your employer doesn’t compensate you for the extra time worked? You may be dealing with unpaid overtime, which is a violation of wage and hour law. 

If this sounds like your situation, you may be too afraid to speak up because you fear your employer could retaliate against you. You may feel like no one can help you. Fortunately, you are not alone. Attorney Clifford Weiss at Fox & Weiss, P.A., has been practicing law for over three decades, helping employees in Atlanta, Georgia, and all across the Metro Atlanta Area stand up to employers who violate the law when it comes to employee compensation.  

Attorney Clifford Weiss, who has earned a stellar 10/10 rating from Martindale-Hubbell and the highest 5-star rating Avvo.com based on his qualifications and reviews, serves clients throughout Cobb County, Clayton County, Forsyth County, Gwinnett County, Fulton County, Bibb County, Dekalb County, and surrounding area.  

What Are the Laws That Regulate Overtime Pay? 

There are both federal and state laws in place that protect employees who work hard but have not been paid their wages or overtime. Most hourly-based wage earners across the United States, including those in Georgia, are covered under overtime provisions of the Fair Labor Standards Act of 1938, also referred to as FLSA.  

The FLSA is a federal law that contains provisions regarding overtime pay. Specifically, this law entitles employees to one and a half times their regular hourly rate for each hour worked in excess of 40 in a workweek, according to the Georgia Department of Labor. “Why 40?” you might wonder. Because working overtime means working more than 40 hours in a workweek under the FLSA.  

Exempt vs. Non-Exempt Employees for Overtime Pay

However, the above-mentioned provisions only apply to non-exempt employees. An employee who is classified as “exempt” is not eligible to receive overtime pay under the FLSA. For this reason, you need to figure out whether you are an exempt or non-exempt employee under the federal law. To make that determination, you need to understand two things: 

1. Some jobs are classified as exempt by definition. Salaried employees who hold managerial or supervisory jobs are typically classified as exempt. Some examples include executives, managers, computer professionals, administrators, and others working professional jobs that require a higher level of expertise and knowledge. 

2. An employee must earn less than the salary-level threshold to be considered non-exempt. This threshold is subject to periodic changes. According to the U.S. Department of Labor, a non-exempt employee must earn less than $844 per week starting July 1, 2024, and less than $1,128 starting January 1, 2025, to be eligible for overtime pay.  

If you aren’t sure whether you are exempt or non-exempt under the FLSA to qualify for overtime pay protections, you might want to discuss your status with an attorney. Attorney Clifford Weiss has been representing employees in wage disputes since 1990 and can explain your rights during a free phone consultation. 

How Is Overtime Pay Calculated? 

Currently, the minimum wage in Georgia is $7.25 per hour. Thus, for minimum wage earners in the state, overtime pay would be $10.88 per hour (one and a half times the minimum wage). Under the FLSA, there is no limit on the number of extra hours an employee can work in a workweek if the worker is at least 16 years old.  

In order to understand how overtime pay is calculated, you need to know what the FLSA considers to be a “workweek.” According to the U.S. Department of Labor, a workweek is any regularly recurring period consisting of seven consecutive 24-hour periods, which equates to 168 hours. A workweek doesn’t necessarily need to coincide with the calendar week as it may begin on any day (even Saturday) and at any hour of the day (even 5 p.m.). It's not uncommon for different employees with similar jobs and duties within a single company to have completely different workweeks.  

If you are confused about the calculation of overtime pay in your specific situation, consider speaking with an employment law attorney.  

Can You Sue Your Employer for Unpaid Overtime?

If you've established that you are a non-exempt employee who is entitled to overtime pay, but your employer has failed to compensate you for your overtime (or didn’t pay you fully for your work), you need to understand the legal remedies available to you. One of those remedies may be filing a civil lawsuit against the employer to seek monetary compensation.  

Depending on the employee’s situation and how many “extra” hours they worked without compensation, it is not uncommon for workers who file a lawsuit to recover tens or even hundreds of thousands of dollars in unpaid overtime, backpay, penalties, and interest. Employees are also generally entitled to recover court costs and attorney fees associated with a civil lawsuit against their employer.  

Attorney Clifford Weiss always strives to seek maximum compensation for every employee whose rights have been violated to ensure that his clients receive every penny they are owed.