Overtime Wages

Attorney Representing Employees in Wage and Hour Claims

Federal law requires many employers to pay employees a time and a half overtime rate. This rate is in effect when an employee works over 40 hours in a single week. The Fair Labor Standards Act (FLSA) governs which employees and employers are covered by these overtime laws. If you are not receiving the time and a half pay for your overtime hours that you are entitled to receive, or if you are not being paid for all of the hours that you actually worked, you should talk to a skilled Atlanta overtime lawyer as soon as possible. Brandon A. Thomas also can assist you with concerns regarding travel time wages, tipped worker wages, employees misclassified as independent contractors, and other wage and hour issues. Call us at (877) 417-8324 or use the form on this website to schedule your free consultation.

Overtime Rules Under the Fair Labor Standards Act

The FLSA lays out which employees are entitled to overtime pay and which employees are not. The default is for the FLSA to apply to employers that engage in “interstate commerce.” This is a legal term that covers the vast majority of businesses. Businesses that are involved in interstate commerce are subject to federal law, which is what the FLSA is. The FLSA covers businesses with sales of over $500,000 a year, as well as hospitals, schools, and public agencies. The FLSA also applies to businesses that use mail or telephones for interstate communication, people who produce or ship goods for interstate commerce, and anyone who does any kind of job, such as clerical or maintenance, for a firm involved in interstate commerce. It also applies to domestic workers, chauffeurs, cooks, nannies, and others, as long as they work a total of more than eight hours a week for one or more employers or earn at least $1,700 from one employer in a year. Essentially, this means that the vast majority of businesses and employees will be covered unless they fall into one of the specific exemptions below.

Covered employees should be paid at one and a half times their normal rate for every hour over 40 that they work in any seven-day period. An overtime attorney can help employees enforce their employer’s compliance with this rule. The law does not have a daily overtime limit, so employers may pay employees their regular rate until they reach the weekly 40 hours.


The overtime laws are meant to protect hourly workers from exploitation by their bosses. Therefore, they are focused on hourly and blue collar employees. Overtime laws do not apply to executive, administrative, professional, or outside sales employees. Someone is considered an executive if they supervise two or more people. Administrative jobs are defined as jobs that are non-manual labor that support businesses. Professional jobs include certified teachers, artists, and skilled computer professionals. The defining characteristics are that the position is primarily intellectual with duties that require advanced knowledge and education. An overtime attorney can help determine if you fall within this category. Outside sales include people who make sales or take orders somewhere other than the employer’s main workplace. Usually, exempt employees will be paid a salary, with the exception of outside sales employees, who may be paid commissions instead.

The law also exempts employees in specific fields from overtime pay. Live-in domestic workers are not covered by these provisions. Independent contractors also are not covered. Casual babysitters and elderly companions are not covered either. Other categories of exempt positions include some commissioned salespeople, mechanics employed outside factories, and many delivery employees.

Contact an Experienced Overtime Lawyer

If you are not being paid properly for overtime, you should contact a knowledgeable attorney as soon as possible. The Law Offices of Brandon A. Thomas offers services in English and Spanish. Call us at (877) 417-8324 or use the form on this website to schedule your free consultation. Mr. Thomas represents clients who have not been paid overtime or travel time wages or who are concerned about violations of minimum wage rules.

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