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    smonique74's Avatar
    smonique74 Posts: 9, Reputation: 1
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    #1

    May 8, 2014, 08:47 AM
    Georgia overtime pay law
    I work and live in Louisiana but work for a company out of Georgia. I pay Louisiana taxes. I am told that I am not allowed overtime pay according to Georgia laws. Is this true?
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #2

    May 8, 2014, 08:47 AM
    Who told you that?

    Here are the US labor laws on overtime- Unless you fit into one of the exempt categories, you are being lied to.

    http://www.dol.gov/whd/regs/compliance/hrg.htm
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    #3

    May 8, 2014, 09:06 AM
    Quote Originally Posted by odinn7 View Post
    Who told you that?

    Here are the US labor laws on overtime- Unless you fit into one of the exempt categories, you are being lied to.

    http://www.dol.gov/whd/regs/compliance/hrg.htm
    My employer told me that. I didn't think it sounded correct. I was told anything over that I have gotten paid for I do not get time and a half. That Georgia I actually only get half of my hourly pay. Thank you for your response and for the link. I am going to check it out.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    May 8, 2014, 09:07 AM
    If you work in Louisiana, the Louisiana laws (or the FLSA, if it applies) govern whether you must be paid overtime. Georgia law has nothing to do with it.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #5

    May 8, 2014, 09:10 AM
    Are you an hourly or salaried employee? Full time or part time?
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    smonique74 Posts: 9, Reputation: 1
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    #6

    May 8, 2014, 09:14 AM
    Quote Originally Posted by smoothy View Post
    Are you an hourly or salaried employee? Full time or part time?
    Full time and hourly pay
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    smoothy Posts: 25,495, Reputation: 2853
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    #7

    May 8, 2014, 09:24 AM
    Hourly employee... then they have to pay you for every hour you work... and overtime when you exceed it.

    Are you sure they refused to pay you, while requiring you to work it... or did they phrase it in such a way that they were saying they are not AUTHORIZING you to work overtime hours and would refuse to pay for any you do work?
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    smonique74 Posts: 9, Reputation: 1
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    #8

    May 8, 2014, 10:18 AM
    No I am authorized to work those hours that go overtime. I take care of certain facilities close to me and have had to travel as far as north Alabama. I am a Level III Technician. They have paid me overtime but it is not time and a half it is half of my hourly pay. So say regular pay of $15.00 an hour and overtime is $7.50.
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    smoothy Posts: 25,495, Reputation: 2853
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    #9

    May 8, 2014, 10:22 AM
    THey can't do that... it has to be time and a half.

    Are you sure its not a mistake on a time reporting system?

    As an example In the one we use ( its online and wed based) you have to report overtime in TWO fields (making it look like you are charging twice the hours but really aren't)....or it ends up being paid at 1/2 your hourly rate. Had that happen when we changed systems, and that change wasn't explained. It was quickly corrected and money owed paid back.
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    smonique74 Posts: 9, Reputation: 1
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    #10

    May 8, 2014, 10:24 AM
    Quote Originally Posted by smoothy View Post
    THey can't do that... it has to be time and a half.
    OK, Thanks for your help
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    smonique74 Posts: 9, Reputation: 1
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    #11

    May 8, 2014, 10:27 AM
    Quote Originally Posted by smonique74 View Post
    OK, Thanks for your help
    One more question. What if it was Salary pay at 40 hrs a week but one week get under 40 and if I want the 40 I have to use PTO or Vacation time to get 40.
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    smonique74 Posts: 9, Reputation: 1
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    #12

    May 8, 2014, 10:30 AM
    Quote Originally Posted by smoothy View Post
    THey can't do that... it has to be time and a half.

    Are you sure its not a mistake on a time reporting system?

    As an example In the one we use ( its online and wed based) you have to report overtime in TWO fields (making it look like you are charging twice the hours but really aren't)....or it ends up being paid at 1/2 your hourly rate. Had that happen when we changed systems, and that change wasn't explained. It was quickly corrected and money owed paid back.
    Hmmm I do not think so because I was told that is how it works with this company and they say it is Georgia Law.
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    smoothy Posts: 25,495, Reputation: 2853
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    #13

    May 8, 2014, 10:31 AM
    Salaried employeed are treaded differntly than hourly. They base the salary under the assumption a certain number of extra hours are expected to be worked. If you do less than the 40, they might require that to be some sort of paid time off. You would want to refer to the company employee handbook as to exactly how they treat it. Not every Employer will handle that exactly the same. THe laws require certain things... beyond those the employer has some leeway.

    There actually are some salaried positions that pay overtime as well....but they aren't the norm. (Wife used to be in one)
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #14

    May 8, 2014, 10:32 AM
    Quoting from the link supplied by Odinn7, ("Who is covered?")

    "... A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and �

    1. whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated); or ..."



    Does your employer make more than $ 1/2 million per year?
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    smonique74 Posts: 9, Reputation: 1
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    #15

    May 8, 2014, 10:33 AM
    Quote Originally Posted by smoothy View Post
    Salaried employeed are treaded differntly than hourly. They base the salary under the assumption a certain number of extra hours are expected to be worked. If you do less than the 40, they might require that to be some sort of paid time off. You would want to refer to the company employee handbook as to exactly how they treat it. Not every Employer will handle that exactly the same. THe laws require certain things... beyond those the employer has some leeway.
    OK, You have been very helpful. I really appreciate it.
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    #16

    May 8, 2014, 10:35 AM
    Quote Originally Posted by AK lawyer View Post
    Quoting from the link supplied by Odinn7, ("Who is covered?")

    "... A covered enterprise is the related activities performed through unified operation or common control by any person or persons for a common business purpose and �

    1. whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated); or ..."



    Does your employer make more than $ 1/2 million per year?
    Yes
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #17

    May 8, 2014, 10:48 AM
    Overtime pay is governed by federal law, not state law. Any hours over 40 in a weekly pay period need to be paid at time and a half. If they are not doing so, contact the Louisiana Dept of Labor.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #18

    May 8, 2014, 10:54 AM
    Quote Originally Posted by ScottGem View Post
    Overtime pay is governed by federal law, not state law. Any hours over 40 in a weekly pay period need to be paid at time and a half. If they are not doing so, contact the Louisiana Dept of Labor.
    Or the US Dept.. of Labor.
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #19

    May 8, 2014, 02:21 PM
    They are lying to you and taking advantage of you pure and simple.
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
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    #20

    May 8, 2014, 02:49 PM
    Are you sure the $7.50 isn't being added to a regular base pay. Check how many hours and total pay. I can't imaging a company doing that and the $7.50 is 1/2

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