Overtime for Tipped Employees
If your employer is withholding your hard-earned compensation for the excess hours that you worked, it’s imperative that you understand the Georgia overtime laws and how they affect you.
If you have questions, speak with professional overtime lawyer, Travis Hedgpeth, today.
Any state that has not passed rules governing overtime pay must comply with the federal laws in the Fair Labor Standards Act (FLSA). When it comes to the Georgia overtime laws, there’s a combination of state and federal employers’ guidelines. However, federal laws apply for the most part.
If you need an overtime lawyer, call The Hedgpeth Law Firm, PC today for a free no-obligation case evaluation.
Georgia labor laws overtime
According to the Georgia’s overtime laws, an employee who does not pass the FLSA exemption test qualifies to receive overtime. Overtime starts once you have accumulated 40 hours in a workweek. Employers must pay at least 1.5 employees’ regular pay for time worked beyond the approved 40-hour workweek.
The minimum wage in Georgia is slightly different from the federal rate. FLSA covered employees (non-exempt workers) get paid the federal minimum wage rate set at $7.25 per hour. For non-covered employees, employers across the state must pay the minimum hourly wage of $5.15, although no overtime pay is required.
Employees earning $30 or more per month in tips have a minimum hourly wage of $2.13. The FLSA tip credit provisions allow employers to claim up to $5.12. However, employers must cover the difference when a worker’s wage earnings are below the set minimum.
Mandatory overtime laws in Georgia
As long as your employer pays overtime wages, the Georgia Department of Labor gives them the right to make you work overtime without asking for your approval. Also, there’s no limit on the number of overtime hours you can work in a day or week. If you refuse to work overtime as an employer requires, they may legally fire.
Overtime laws in Georgia do not require mandatory overtime for working over 8 hours a day. An employer can only determine whether you have overtime hours after a workweek.
Comp time rules
Substituting overtime pay with paid time off from work is only allowed for government employees. When it comes to employees working in the private sector, employers applying comp time may face unpaid lawsuit claims.
Statute of limitations
Under Georgia labor laws, employees who believe they’ve been illegally denied overtime wages have two years from the date an employer commits wage violations to file a lawsuit and recover back pay. If the employer violated overtime laws intentionally, a 3-year statute of limitations applies.
How can you file an unpaid overtime claim in Georgia?
If you work for a company that does not honor their overtime obligation, the best course of action is to speak with an experienced and trusted overtime attorney. An overtime lawyer at The Hedgpeth Law Firm, PC, can help you navigate the legal requirements, determine wage violations, and recover your unpaid overtime wages. Call (281) 572-0727 for a free consultation.