Georgia Overtime Laws

Georgia Overtime Laws:- When you receive extra pay, working long hours might increase your income. You usually get paid 1.5 times your hourly rate for each additional hour after 40 in a workweek. You might need some inspiration to get through those arduous weeks. But be advised that not all workers qualify for overtime compensation. Gaining a thorough understanding of Georgia overtime pay regulations and how it operates can help you keep the money in your possession.

Georgia overtime laws

  • Fair Labor Standards Act (FLSA) of 1938)
  • Georgia Minimum Wage Law (GA Code § 34-4-3)
  • The federal regulations apply instead of Georgian state labour rules since Georgia lacks any that address overtime compensation.
  • So, unless they are exempt, workers who put in more than 40 hours a week are entitled to 1.5 times their regular pay rate in overtime.
  • Work on weekends, holidays, or any other regular days off is exempt from the FLSA’s requirement for overtime pay.

Which employers fall under FLSA coverage?

An employer is governed by the FLSA’s regulations if:

  • It either sells, handles, or works on commodities that are moved in interstate commerce, or it participates in interstate commerce by helping in their manufacture; AND
  • has at least a $500,000 gross volume of sales or business.

Georgia’s over time exemptions and exceptions

The US Department of Labour increased the weekly wage threshold from $455 to $684 (or $35,568 yearly) on January 1, 2020. Additionally, the yearly pay cap for highly compensated workers was increased from $100,000 to $107,432.

These workers are not entitled to overtime compensation under the FLSA:

  • Executive staff members with a pay who bring in at least $684 a week.
  • Workers in administration who are paid a salary and make at least $684 a week.
  • Employees with high pay who earn more than $107,432 annually.
  • Knowledgeable and imaginative workers making at least $684 a week in compensation.
  • Workers in computers who are paid a wage and make at least $684 per week.

“Blue-collar” workers, law enforcement officials, firefighters, paramedics, rescue personnel, and other such community workers are not covered by the exemptions.

Furthermore, employees who adopt the Fluctuating Workweek Method (FWW) and work variable schedules are exempt from the aforementioned overtime regulations.

Lastly, as long as the worker is at least 16 years old, the FLSA does not place a cap on the quantity of overtime hours worked in a workweek.

Georgia’s Fluctuating Workweek Method (FWW)

One of the numerous states that provides its paid employees with an alternate work schedule is Georgia. It’s called the Chinese overtime, or the Fluctuating Workweek Method.

Salaried staff are entitled to an overtime premium equal to half (0.5) of their regular hourly wage under this work plan.

The focus is on paid employees whose workweeks are subject to periodic fluctuations. A salaried employee’s workweek is variable if they occasionally put in 35 or 40 hours per week while still getting paid the same amount.

However, they are entitled to overtime pay equal to half of their usual hourly pay rate for each additional hour worked if they worked, say, 46 hours the week before.

Let’s figure out the overtime pay for that particular week. We must first determine the hourly salary in order to do this.

Let’s take an example where a person makes $900 per week and worked 46 hours the week before.

$900 / 46 = $20 an hour.

Consequently, in this instance, the overtime pay rate per hour is →.

$20 per hour x 0.5 = $10 for each hour of overtime put in.

Total amount of overtime pay earned that week →

$10 × 6 overtime hours = $60.

Who is subject to overtime laws?

If you are an employee and your work involves interstate commerce, you may still be covered even if your employer does not fall within these broad categories. Jobs where they frequently deal with the mail, utilise the phone or internet, process credit card payments, or transport items across states would fall under this category. The following categories of workers are additionally covered by the FLSA in that state:

  • Enterprise running a hospital or other facility providing on-site care for the sick, old, or mentally ill
  • Early childhood centre, elementary or secondary school, college or university, school for gifted or mentally or physically challenged children
  • A government organisation
  • Workers who work more than eight hours a week for one or more employers, such as housekeepers, chauffeurs, cooks, or full-time babysitters, and who make at least $1,700 from one employer in a calendar year.

All of the employment groups listed by the Department of Labour are exempt from the overtime obligations in Georgia. Legal exemptions are strictly construed, and employers are required to demonstrate that the exemption regulations are met.

Is Georgian “comp time” permissible?

Similar to other states, only government workers in Georgia are eligible to receive “comp time” in place of overtime compensation. Under the comp time system, an employee does not earn extra pay; instead, they receive paid time off from work in a later work week. This is against the law for all non-governmental businesses under the Fair Labour Standards Act.

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