Georgia labor lawyers well-versed in federal law requirements

DCBFB represented me in an overtime case. Charles Bridgers and Michael Caldwell listened to my needs and helped draft a creative solution, which facilitated a quick settlement. This firm is very professional and knows how to handle difficult cases.

E.G.

The Fair Labor Standards Act (FLSA) entitles employees of most businesses to one-and-a-half times their normal wage for any overtime work they perform. However, employees in certain jobs or professional classifications are exempt from overtime. Even for genuinely nonexempt employees, the rules for determining eligibility can be challenging to apply. DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC have decades of experience representing employees and employers in legal matters concerning overtime pay. We provide counseling on compliance and represent parties on both sides of disputes that may arise.

What is overtime and what does it cover?

For most employees, overtime is any time an employee works more than 40 hours a week. The FLSA typically requires overtime pay equal to one-and-a-half times the normal hourly rate, but other calculations such as the fluctuating workweek may apply, limiting the amounts owed. For purposes of calculating overtime, wages, commissions, and performance-based bonuses are included but not expense reimbursements, perks, holiday bonuses, and other gifts from the employer.

Typically, compensable work time includes all hours the employee is required to be present on the premises or at a designated work area outside those premises. Compensable time includes work done before or after regular hours, including travel between job sites. However, it does not include non-working lunch breaks or commute time between work and home.

Charles did an excellent job representing me. I was very satisfied with the outcome. I would recommend him to anyone.

Seasoned litigators explain which workers are entitled to overtime pay

In most cases, a business is covered by the FLSA overtime provisions if it either:

• Generates at least $500,000 a year in sales, and
• Handles goods or materials that have moved through interstate commerce

Even if a company meets those criteria, employees may fall into one of many exempt categories, which include:

• Executive, administrative, and professional employees – who either help manage the company or must regularly exercise independent judgment – paid a salary (pay that is the same week after week) of at least $684 per week
• Certain persons who work in transportation, such as motor carriers
• Salespeople who regularly work outside their employers’ offices
• Certain computer specialists who earn at least $27.63 per hour
• Employees of seasonal amusement and recreational businesses, organized camps, and religious and nonprofit conference centers
• Newspaper deliverers and employees of certain small newspapers
• Seamen and fishermen
• Employees of small farms
• Certain switchboard operators
• Criminal investigators
• Casual domestic babysitters and companions of those unable to care for themselves (but not nurses or personal or home-care aides)
• FLSA exemptions are legally and factually complex. Even if you have been told you are exempt, we can address that issue

Skillful advocates protect employees’ overtime rights

Whether deliberately or by honest error, employers may deprive their workers of overtime pay in numerous ways, such as:

• Misclassifying them as administrative or professional workers, independent contractors, or other exempt types of workers
• Mischaracterizing their pay as a salary when it is actually based on the number of hours worked or amount of work done
• Giving them job titles that mask the fact that they are nonexempt
• Failing to record or calculate accurately the number of hours they work

Federal law states that claims must be made within either two or three years after the work is performed, depending on circumstances. It also prohibits an employer from retaliating against an employee who demands overtime or files an overtime claim. Retaliation can take the form of termination, demotion or any other adverse job action. We have experience on both sides of retaliation claims, working diligently to protect our clients’ interests.

Whichever side of an overtime dispute we represent, we thoroughly review the facts of the case and advise on the best path for a satisfactory resolution. As plaintiffs’ attorneys, we seek compensation for lost income. Unless an employer allegedly acted in good faith, we may also seek liquidated damages equal to the amount of overtime pay that is due. As defense attorneys, we strive to prevent our clients’ exposure to liability for overtime violations.