Overtime Eligibility and Misclassification Issues

At Fidlon Legal, we help Atlanta employees fight back when employers deny overtime pay through unlawful misclassification practices. The Fair Labor Standards Act (FLSA) requires non-exempt employees to receive overtime pay at time-and-a-half for every hour worked over 40 in a week. Unfortunately, many Georgia workers are incorrectly told they are “exempt” from overtime or labeled as “independent contractors” when, in reality, they should be receiving overtime wages.

If you live or work in Atlanta - or anywhere in Georgia - and suspect your employer has misclassified you, we can help.

Most Georgia workers are covered by the FLSA and are non-exempt, meaning they must be paid overtime. This typically includes:

• Hourly employees in restaurants, retail, warehouses, and manufacturing
• Clerical and administrative support staff
• Healthcare and service industry workers
• Employees earning less than the federal salary threshold set by the Department of Labor

Only certain employees may legally be classified as exempt. To qualify, an employer must prove that the employee meets both the salary test and the job duties test.

The most common exemptions include:

• Executive employees - managers who direct at least two workers and make key personnel decisions
• Administrative employees - high-level office staff exercising independent judgment on significant matters
• Learned professionals - lawyers, doctors, accountants, engineers, and similar roles)
• IT professionals with advanced skills
• Outside sales employees who primarily work away from the employer’s business

In Georgia, simply paying employees a salary or giving them the title of “manager” does not automatically make them exempt. Courts will always look at the actual job duties performed.

We frequently see Georgia workers misclassified in the following ways:

• Salaried employees told they are exempt when their job duties don’t meet the legal tests
• “Independent contractors” treated like employees but denied overtime
• Assistant managers or shift leads in retail/restaurants who spend most of their time doing hourly tasks
• Administrative staff incorrectly labeled exempt despite routine, non-discretionary job duties

If your employer has misclassified you, you could be missing out on:

• Time-and-a-half pay for hours over 40 each week
• Back overtime pay for up to three years
• Liquidated damages, which double the overtime back pay
• Attorneys’ fees paid by the employer
• Employee benefits such as health insurance and retirement contributions
• Job protections guaranteed by wage and hour laws

Our Atlanta overtime lawyers represents workers across Georgia in wage and hour disputes, including unpaid overtime and misclassification cases. We:

• Review your pay structure and job duties to determine if you’ve been misclassified
• File claims under the FLSA to recover unpaid overtime and minimum wages
• Handle both individual cases and collective actions for groups of employees
• Fight back against employer retaliation for asserting your rights

Yes, many salaried employees in Georgia are still entitled to overtime pay. Being paid a salary does not automatically make you exempt. You must also meet the FLSA duties test for an executive, administrative, or professional exemption. If your job duties don’t qualify, you may still be owed overtime wages.

You may be misclassified if:

• You’re told you’re “salaried exempt” but spend most of your time doing routine, hourly tasks
• Your employer calls you a “manager” but you don’t actually supervise employees or make significant decisions
• You regularly work over 40 hours but never receive overtime pay

If this sounds familiar, you should have an attorney review your job duties and pay structure.

Independent contractors are not entitled to overtime under the FLSA. However, many workers are misclassified as contractors when they are really employees. If your employer controls your schedule, work location, and job duties, you may actually be an employee who is owed overtime.

Employees can often recover:

• Unpaid overtime wages
• Liquidated damages (an amount equal to the unpaid wages, essentially doubling the recovery)
• Attorney’s fees and court costs

If you believe your employer in Georgia has misclassified you as exempt or denied you overtime pay or minimum wages, it’s important to act quickly. Wage and hour claims have strict time limits, and every week that passes could mean lost wages.

Contact our leading Atlanta overtime lawyers today for a confidential free case evaluation. We’ll explain your rights under the FLSA, evaluate your case, and help you fight for the compensation you deserve.