Overtime Pay Claims

Under the Fair Labor Standards Act (FLSA), most employees in Georgia are entitled to overtime pay at 1.5 times their regular hourly rate for all hours worked over 40 in a workweek. Despite this clear rule, many employers in Atlanta fail to pay overtime correctly.

If your employer has denied you overtime pay, misclassified you as exempt, or pressured you to work “off the clock,” you may have a valid unpaid overtime claim.

The FLSA sets the standard for overtime eligibility. In Georgia, overtime pay is required if:

• You are a non-exempt employee working more than 40 hours in a single workweek.
• You are paid by the hour, by salary, or on a day-rate basis, but your job duties do not meet the strict “exemption” criteria.
• You work extra hours before or after your scheduled shift, or during unpaid breaks, and your employer requires or permits the work.

A common misconception is that salaried employees do not get overtime. In reality, many salaried workers in Georgia are still entitled to overtime unless they fit into narrow exemption categories.

Employees in Atlanta and throughout Georgia frequently encounter wage theft in the form of unpaid overtime. Common violations include:

• Independent Contractor Misclassification - Misclassifying employees as independent contractors to avoid paying overtime.
• Misclassifying Employees as Exempt - The mistaken belief that all salaried employees, or all employees with the title of “supervisor” or “manager” are exempt from the overtime pay requirement.
• Off-the-clock work - Expecting employees to perform tasks before or after shifts without recording the time.
• Shaving hours - Manually reducing employees’ time records to keep them at or below 40 hours per week.
• Automatic meal deductions - Deducting breaks even when employees worked through them.
• Day-rate or flat salary schemes - Paying a fixed amount regardless of hours, even if it results in unpaid overtime.
• Improper averaging - Averaging hours across two weeks to avoid paying overtime.
• Improper calculation of overtime rate - The failure to include certain forms of compensation, like non-discretionary bonuses or incentive compensation, when calculating the overtime pay rate.
• Waiving overtime pay - The misconception that an employee can agree to waive the overtime pay requirement and accept straight time pay for hours worked in excess of 40.

If you regularly work over 40 hours per week without time-and-a-half pay, you may be entitled to substantial money damages.

Employees who successfully bring an overtime claim under the FLSA may recover:

• Unpaid overtime wages going back up to 2-3 years
• Liquidated damages (doubling the total recovery)
• Attorney’s fees and court costs
• Protection from employer retaliation under federal law

These remedies are designed to hold employers accountable and make workers whole.

1. Case Review - We analyze your pay structure, time records, and job duties.
2. Demand or Filing - Many cases start with a demand letter; if unresolved, we file suit in court.
3. Collective Action (if applicable) - In cases with multiple workers, we may bring a group claim under the FLSA.
4. Resolution - Many cases resolve through settlement, though we are prepared to take your claims to trial if necessary.

• Extensive experience litigating FLSA overtime and wage theft cases
• Representation of both individual employees and groups in collective actions
• Proven success in recovering unpaid wages across Georgia industries, including corporate jobs, restaurants, healthcare, retail, IT, etc.
• Dedicated advocacy for workers facing retaliation or termination after asserting wage rights

Yes. Being paid a salary does not automatically make you exempt. Many salaried workers are entitled to overtime unless their job duties fit strict executive, administrative, or professional exemptions.

If your employer controls your schedule, work location, and job duties, you may actually be an employee entitled to overtime, even if labeled as a contractor.

Up to 2 years in most cases, or 3 years if the violation was willful.

No. The FLSA prohibits retaliation, including firing, demotion, or harassment, against workers who assert their rights.

Yes. Many overtime cases proceed as collective actions, allowing groups of employees with similar claims to recover unpaid wages together.

If you’ve been denied overtime pay in Atlanta or anywhere in Georgia, you have legal rights. Don’t let your employer keep wages you’ve already earned.

Contact the top Atlanta overtime lawyers at Fidlon Legal today for a confidential free case evaluation. We’ll review your situation, explain your rights under the FLSA, and fight to recover every dollar you’re owed.