What are the Requirements for Minimum Wage and Overtime?

U.S. workers, including those in Georgia, are protected from unfairly low compensation and failure to make correct overtime payments under the Fair Labor Standards Act (FLSA). The law requires that most employees are paid at least $7.25 per hour (minimum wage) and that they receive overtime pay for any time worked beyond forty hours in a week. The rate of overtime pay is 1.5 times the employee’s regular rate of pay.

Who is Entitled to Minimum Wage and Overtime?

FLSA applies to most businesses, government agencies, hospitals, schools, domestic workers, and smaller businesses that produce goods for interstate commerce. If a worker is legally employed by one of those entities, they are entitled to at least minimum wage and overtime pay, unless the employee falls into one of the exempt categories.

What Employees are Exempt from Minimum Wage and Overtime Pay Requirements?

There are many narrowly defined wage and overtime pay exemptions. Listed below is a very broad overview of common exempt employees for which these wage laws may not apply:

  • Independent Contractors: They are not legally considered employees of the company.
  • Commissioned Sales Employees: If more than half of their compensation is commission.
  • Some Farm Workers: Many requirements exist for this category of employment.
  • Seasonal and Recreational Workers: This includes amusement parks which are only open during the summer.
  • Casual Babysitters: People who baby sit every once in awhile.
  • Workers who receive tips: Waiters and Waitresses.
  • Young workers: Under the age of 20 years old.
  • Student workers: Full-time students working for certain employers.

What to Do if Minimum Wage or Overtime Compensation are Not Paid?

Minimum wage and overtime compensation is a very complicated area of law, with many rules and regulations. Some of these apply because of Federal law, while others exist because of state statutes, such as those that apply to Atlanta workers. If you have been denied minimum wage or overtime, or an employee has made an accusation against your business involving wage pay, contact the experienced Atlanta wage and hour attorneys at Hill, Kertscher & Wharton, LLP.

We will be able to evaluate the facts and legal aspects of your matter and determine the best course of action. Though our offices are in Atlanta, we represent people and companies in overtime/FLSA matters across the United States. Please contact our office at (770) 953-0995.