The Overtime Wage

According to federal law, overtime pay must be at least 1.5 times as much as the worker’s regular hourly wage. As the minimum wage under federal law is $7.25 per hour, the minimum overtime wage is $10.88 per hour. Of course, this overtime rate would only apply to employees earning minimum wage.

When Overtime Pay Is Required

Federal law requires that employers pay employees the overtime rate if they work more than 40 hours in a work week. Contrary to popular belief, federal law does not define a work week as a calendar week. Instead, a work week is defined as any consistent seven workdays in a row. Employees who work part-time may still be eligible for overtime if they work more than 40 hours over a seven day work week.

Some states require employers to pay overtime rates if an employee has worked more than a certain number of hours in a single day. However, federal overtime laws do not require this. As previously mentioned, employers in Georgia must follow federal laws because Georgia does not have its own overtime laws. This means that employers in Atlanta do not have to pay overtime rates if employees work extremely long shifts for one day but 40 hours or fewer over the work week.

Who is Eligible for Overtime Pay?

As a general rule, hourly employees and salaried employees who earn less than $684 per week are eligible for overtime pay. Further, the employee or employer must be engaged in interstate commerce. If the employer only is engaged in interstate commerce, the employer must also gross more than $500,000 in revenue annually. However, there are many exceptions and exemptions to this law..

First responders including paramedics, police officers, and firefighters are expressly covered under federal overtime pay laws, even if they have titles typical of management. Nurses and paralegals are also covered under federal overtime laws.

Who is Not Eligible for Overtime Pay?

In general, salaried employees who earn more than $684 per week and manage two or more employees and have hiring and firing authority are exempt from the overtime pay requirements, as are office employees who have authority to make certain important decisions for the employer. However, as with the regulations regarding who is eligible for overtime pay, there are many exceptions and nuances to these laws.

Outside sales people are not eligible for overtime pay. Outside sales people spend most of their time out of the office and “on the road”, attempting to make sales. Many of these employees earn wages in addition to commissions. Even if this hourly wage is less than $4684 per week, however, employers are not required to pay them an overtime rate for working more than 40 hours per week. On the other hand, inside sales people are covered by federal overtime wage regulations.

Independent contractors are not covered under many employment regulations, including federal overtime regulations. Employers are not required to pay independent contractors more than their standard hourly rate, no matter how many hours per week they work. These workers are deemed to be in business for themselves and are not employees at all. The mischaracterization of employees as independent contractors is one major way workers are cheated out of receiving the overtime pay they have earned.

Hire an Employment Lawyer If Your Employer Breaks These Laws

If you think that your employer has broken any of the laws listed above, you may be entitled to compensation. As many companies will hire their own lawyers to represent them in such cases, it’s best to hire a leading employment law firm like DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin to represent your interests. If you don’t, you may find yourself at a significant disadvantage. A good law firm like DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin will provide you with legal support and guidance throughout the process, which increases your chances of winning your case. Contact DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin today to get the best possible representation for your overtime wage case.