Introduction:
In Georgia, employees are entitled to a fair wage for the work they perform. This includes compensation for overtime, which is defined as the hours worked in excess of 40 hours per week. Overtime pay is mandatory if the employee is not exempt from coverage under the Fair Labor Standards Act (FLSA). Furthermore, Georgia has its own unique set of overtime laws that build upon the FSLA. This article will explore Georgia’s overtime laws in detail, including how they compare to federal regulations, how they are enforced, and what penalties employers face for violating these laws.
What Are Georgia’s Overtime Laws?
Georgia’s overtime laws build upon the FLSA by requiring employers to pay employees one and a half times their regular rate of pay for all hours worked in excess of 40 hours per week. Unlike the FLSA, however, Georgia does not mandate overtime pay for work on weekends, holidays, or nights, unless the employee works in excess of 60 hours during the week. Georgia also requires employers to provide a 30-minute unpaid break for employees who work six or more consecutive hours.
Georgia law does not apply the federal exemptions for executive, administrative or professional employees. Instead, Georgia’s exemptions are more narrow and therefore, oftentimes, less generous to employers. For example, an employee is only exempt if they are employed in a bona fide executive, administrative or professional capacity, and they receive a salary of not less than $455 per week (the federal threshold is $679 per week). Additionally, Georgia law allows only voluntary deductions from an employee’s pay for uniforms or equipment, or for contributions to a pension plan, insurance plan or charity. Furthermore, employers must pay non-exempt employees no less frequently than twice per month.
Georgia’s overtime laws also differ from the FLSA in the method for calculating overtime pay. Georgia stipulates that overtime pay is calculated based on the employee’s regular rate of pay, which includes bonuses and any other payments that are part of the employee’s compensation. In contrast, the FLSA calculates overtime pay based only on the employee’s hourly rate.
Similarly, Georgia law requires that employees be paid for any accrued vacation time or hours within 30 days of termination. In addition to this, Georgia law also mandates the payment of all, what are referred to as “wages due,” within 72 hours of terminating an employee.
How Do Georgia’s Overtime Laws Compare with Federal Laws?
Georgia’s overtime laws are generally more stringent than federal regulations regarding certain matters like the exempt status of employees and mandatory overtime requirements for weekends, holidays, and nights. While Georgia’s overtime laws generally supplement the FLSA, there are some areas wherein the laws diverge from each other.
The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees one and a half times their regular rate of pay for all hours worked in excess of 40 hours during a workweek. However, employers are not required to pay overtime for work on weekends, holidays, or nights. This is different from Georgia law, which mandates overtime pay if an employee works over 40 hours in a week and if an employee works over 60 hours including weekends, holidays, or nights.
On the other hand, Georgia’s requirements regarding the minimum salary of exempt employees are less stringent than federal regulations. The FLSA requires exempt employees to make no less than $684 per week, while Georgia’s requirement is lower at $455 per week.
Enforcement of Georgia’s Overtime Laws
Georgia’s Department of Labor (DOL) is responsible for enforcing the state’s overtime laws. The DOL has the authority to conduct investigations, audits, and inspections in order to ensure compliance with the Georgia Minimum Wage Law. Employers who violate the law may face civil penalties, back wages owed, criminal charges, or fines.
Georgia’s overtime laws include provisions for employees to file private lawsuits against their employers. Employees who are not paid the overtime wages they are entitled to may file a lawsuit against their employer in court. Successful plaintiffs may be entitled to recover the amount of unpaid wages plus interest, costs of court, and attorney’s fees.
Conclusion
Georgia’s overtime laws are designed to protect employees by ensuring they are paid a fair wage for the work they do. The laws build upon the FLSA by adding some stricter requirements for employers. Among the differences between Georgia’s overtime laws and federal regulations are Georgia’s requirements for overtime pay for work during weekends, holidays, and nights over 60 hours and a more stringent salary threshold for employees to be considered exempt. Employers in Georgia must be mindful of these laws to avoid penalties and lawsuits for violating them. Overall, Georgia’s overtime laws are an essential tool in ensuring that employees are treated fairly and compensated adequately for their work.
Quick Guide to Georgia Overtime Law
Georgia Overtime Law
Section 45-19-46 of the GA official code defines overtime hours the following way:
“…hours worked by a public employee for which payment of time and one-half overtime compensation or time and one-half compensatory time is required pursuant to the Fair Labor Standards Act, 29 U.S.C.A. 207.”
Georgia labor laws are some of the least rewarding laws for employees in all of the U.S. There are few laws that set guidelines for overtime, and most of these Georgia overtime laws address factory workers who work more than 10 hours a day.
What is the Minimum Overtime Wage in GA?
Under Georgia overtime law and minimum wage law, the minimum overtime wage in GA is currently $7.73 per hour—one of the lowest overtime rates in all of the United States. If the employee works under a company controlled by federal wage limits, the lowest overtime minimum wage for such an employee would be $10.88 per hour.
Certain workers automatically qualify under Georgia overtimes laws and the Fair Labor Standards Act, but some employees are also exempt from such law. Those who automatically qualify under Georgia overtime law are workers within factories such as cotton or wool manufacturing mills. The workers can work overtime, but they cannot normally exceed two hours of overtime per day.
Those who are automatically exempt from overtime pay under Georgia overtime laws and the Fair Labor Standards Act are listed below:
• Executives, administrators, and other professionals who earn at least $455 per week under Section 13(a)(1) of the Fair Labor Standards Act
• Independent contractors
• transportation workers
• certain agricultural and farm workers
• live-in employees
• some computer-related workers
Most minors are restricted from working overtime in Georgia as well. Under Georgia overtime law, a minor under the age of 16 cannot even work without a work certificate from the child’s school. Additionally, minors under the age of 16 cannot work between the hours of 9:00 p.m. and 6:00 a.m., more than 4 hours a day during the school year, more than 8 hours a day during vacations, and never more than 40 hours a week.
Some of these Georgia overtime laws for minors do not apply in agricultural industries such as children working on a family farm.
Can I file a claim against my employer for the recovery of wages?
The simple answer is yes, but there are time restrictions within the state of Georgia. Section 9-3-22 Enforcement of rights under statutes, acts of incorporation, recovery of wages, overtime, and damages states that all enforcement of rights under statutes or acts must be brought forth within 20 years of action. There is an exemption under Georgia overtime law in this section, though.
The second part of the official code states the following:
“…all actions for the recovery of wages, overtime, or damages and penalties accruing under laws respecting the payment of wages and overtime shall be brought within two years after the right of action has accrued.
