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.