Georgia Overtime Laws

Hard work can really pay off when you receive overtime wages. Time worked beyond a normal 40-hour week is typically paid at a rate of 1.5 times your normal wage. However, not all employees qualify for overtime. It worth money in your pocket to know when you’re entitled overtime pay. So let’s review the key parts of Georgia overtime laws.

Georgia Overtime Law Summary

This chart highlights key provisions of Georgia overtime law.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: pay time and a half over 40 hours work/week.
  • Hourly Plus Bonus and/or Commission: regular rate = (total hours times hourly rate) plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: regular rate = salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: pay time and a half for hours over 40.

Georgia Overtime Rules

  • Required over 40 hours at a rate of 1.5 time standard pay
  • ”Comp” time allowed only for government employees
  • No mandatory overtime for working over 8 hours a day
  • 2-year statute of limitation for collecting unpaid overtime.

Filing a Wage Complaint

What is the Law for Overtime in Georgia?

The rules governing overtime pay in George are a mixture of state and federal laws. The federal laws are contained in the Fair Labor Standards Act (FLSA) of 1938. The Act provides a minimum standard for employees across the country in areas including child labor, minimum wage and overtime pay.

In Georgia, employees covered FLSA are eligible for overtime pay, but those not covered may be paid the state minimum wage of $5.15 (as of 2017) and are not eligible for overtime. It is important to understand how the FLSA applies to your employer and your job classification to determine your rights to overtime.

What Employers are Covered by FLSA?

An employer is covered subject to the rules of the FLSA if:

  1. It is engaged in interstate commerce, assists in the production of goods in interstate commerce or even handles, sells or works on goods that move in interstate commerce; AND
  2. Has a gross volume of sales or business of $500,000 or more.

 

Who Is Covered by Overtime Laws?

Even if your employer does not fit within these broad parameters, you as an employee may still be covered if your work involves interstate commerce. This would include jobs where they regularly handle the mail, use the telephone or internet, handle credit card transactions, or ship goods from state to state. That state also provides FLSA coverage for the following classes of employees:

  • Business that operates a hospital, an institution caring for the sick, elderly, or the mentally ill who reside on the premises
  • School for mentally or physically disabled or gifted children, a preschool, an elementary or secondary school, institution of higher education
  • A public agency.
  • Housekeepers, chauffeurs, cooks, or full-time babysitters if they earn at least $1,700 from one employer in a calendar year, or work more than 8 hours a week for one or more employer.

Georgia recognizes the exemption from overtime requirements for all the categories of employees identified by the Department of Labor. Exemptions from the law are narrowly defined and the employer must prove that the exemption rules apply.

Is “Comp” Time Legal in Georgia?

In Georgia as in other states, only government employees may receive "comp time" in lieu of overtime pay. Comp time is a system where the employee receives paid time off from work in a later work week instead of overtime pay. Under the FLSA, this practice is illegal for all non-governmental employers.

Research the Law

State laws are always subject to change. It’s important to verify the laws you’re researching by conducting your own research or consulting with a qualified Georgia attorney. The following links provide more information about wage law:

Filing a Overtime Complaint? Get a Free Claim Review

You deserve to be paid appropriately for the time you spend at work. If you have a wage or over-time issues at work, it’s a good idea to speak with a local attorney who has experience in wage law. Your attorney can help you navigate the legal requirements for filing and proving your wage claim, as well as recover any other damages and interest that may be available to you. Receive a free claim review to learn more about your rights under Georgia labor law.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.