Overtime Lawyer in Atlanta
It has been established over the years that while some employers intentionally deprive their workers of their overtime wages, others do it unintentionally. Whichever way, it is important that you know your rights and privileges in your workplace because, if you serve well, you should be paid well. Don’t allow your employer to exploit you. How best you assert your rights depends greatly on how much you know of your right, and how far you are willing go in asserting your right.
On the other hand, employees most of the time make false overtime claims. This is commonly referred to as the Qui Tam lawsuit now regulated by the False Claims Act. In the same vein, some of these employees make these claims intentionally, whereas others do it unintentionally. Whether intentionally or mistakenly, our free case evaluation will help you unravel your liability to your employees when it is not yet a full blown court case.
On whichever side of the coin you are (employer or employee), we are here for you. Our lawyers have decades of experience working for employers and/or employees. This mix of experience and lots more stand our lawyers out of the crowd. Our proven track record of success can attest to that fact. Remember that what you call overtime may not qualify as overtime under the federal or state laws. This is the reason why you have to consult a good overtime lawyer to counsel you on the right path to take.
What Constitutes Overtime Wages?
Overtime wages commonly referred to as time and half hour is the amount of pay accruable to a worker after putting in 40 hours a week, rated at 150% (one and half time) of the normal rate per hour of the excess after 40 hours per week. This implies that a worker, who earns $20 per hour, will be paid $30 per hour from the 41st hour of the week. Very many employees out there are deprived of overtime wages because they don’t know their rights. Whereas, some other employees file false overtime claims out of misconception. This is because; they don’t know that as beautiful as the legal provisions on overtime are, there are exceptions to them. These exceptions are the determining factors to ascertain whether an employee is qualified to earn overtime wages or not. That’s why it’s important to contact an overtime lawyer in Atlanta.
- Employers must make at least $500,000 sales per year. The federal law sets the minimum turnover for businesses at $500,000 before minimum wage can be claimed against them.
- Employers must have handled goods or materials that have moved through interstate commerce. Interstate commerce has been defined as businesses that use telephones or mails to communicate.
- Managers, Professionals, Executives and administrative Employees: You don’t just fall under this category merely by being called a manager at work. For a worker to qualify as a manager, he or she must manage at least 2 or 3 employees. Secondly, you must not spend more than 20% of your time doing other activities.
- Independent Contractors: To determine if you are an independent contractor, certain variables are put to check, to wit: your employer’s level of control over you, other available opportunities to gain income, how permanent is the job and the need for special skill. Is the economic reality between you and your employer dependent? The extent to which your services are rendered is an integral part of the employer’s business.
- A worker receiving a salary of not less than $455 per week. However, it is important to note that even if you are paid salaries, as long as you are “non-exempt” you still qualify for overtime wages.
- Workers in computer programming, outside sales, truck driving, auto trailer, farm implement, union work, boat, aircraft, small telephone companies, mechanics employed by non manufacturing companies, switchboard operators and so on.
- Announcers, news editors, casual baby sitters, domestic services and so on are all exemptions to overtime wages.
Common Mistakes of Employers in Calculating Overtime
- Not paying the minimum wage on hourly basis
- Denying you overtime wages on the premise that it was not approved in advance.
- Making you work “off the clock” resulting in overtime.
- Mistakenly or intentionally classifying you as “exempt” from overtime.
- Persuading you to abandon your right to overtime.
Can I Still Ask for Overtime Wage When I Earn Above the Minimum Wage?
Overtime wage has nothing to do with your minimum wage. Whatever you earn is largely dependent on your agreement with your employer, as long as the agreed wage is not below the minimum wage, the law does not frown at it. However, overtime wages are fixed by law for “non-exempts.” Once you qualify as non exempt and you work more than 40 hours per week, you are entitled to overtime. In a nut-shell, it is obligatory that from 41st hour of work of a non-exempt worker, an overtime wage of 150% accrues. We have helped clients recover overtime arrears, liquidated damages, cost of litigation and attorney’s fees. We will help you with your overtime wage issues.
You can demand for your overtime wages, it will not be over-reaching to ask for it. That you earn high wages per hour does not deprive you of that right. The legal draftsman considered the psychology of a person that had given in 40 hours per week and is still made to add extra hour(s). That was why the rate of those overtime wage is higher than the rate of the normal wages.
Limitation of Time
Claims on overtime wages are one of the claims that have limitations of time. You have up to 2 years from the date the contested pay was earned, or up to 3 years of intentionally refusing to pay the accruing overtime wages. By implication, this means that you cannot sleep on your right. It is not an issue to be procrastinated.
Contact DeLong, Caldwell, Bridgers, Fitzpatrick & Benjamin, LLC today for a consultation. We’re the right overtime lawyer in Atlanta for you!