Georgia Overtime Laws: Know Your Rights to Extra Pay

Quick Answer: Georgia has no state overtime law, so federal FLSA rules apply. Non-exempt employees must receive time and a half (1.5x) for hours over 40 per week. There's no daily overtime requirement. File overtime complaints with the U.S. Department of Labor since Georgia has no state enforcement agency.

Federal law protects your overtime rights.

Overtime Basics

Federal FLSA Rules

Standard overtime:

• 1.5x regular rate after 40 hours/week
• Calculated weekly, not daily
• Non-exempt employees only

No Georgia State Law

Important:

• Georgia has no overtime statute
• Federal FLSA is only protection
• No daily overtime requirement
• No additional state requirements

Who Gets Overtime

Non-Exempt Employees

Entitled to overtime:

• Hourly workers (generally)
• Salaried non-exempt
• Most workers

Exempt Employees

Not entitled to overtime:

• Executive exemption
• Administrative exemption
• Professional exemption
• Outside sales
• Computer professionals

Exemption Requirements

Must meet both:

• Salary test: $684/week minimum
• Duties test: specific job responsibilities

Calculating Overtime

Regular Rate

Includes:

• Base hourly wage
• Non-discretionary bonuses
• Shift differentials
• Commissions (some)

Example Calculation

50 hours worked at $20/hour:

• 40 hours × $20 = $800
• 10 hours × $30 (1.5x) = $300
• Total: $1,100

Common Exemption Issues

Misclassification

Watch for:

• "Exempt" title but non-exempt duties
• Below salary threshold
• No management responsibilities

Common Misclassified Jobs

Often incorrectly exempt:

• Assistant managers
• Administrative assistants
• IT support staff
• Inside salespeople

Overtime Violations

Common Violations

Employers may:

• Not pay overtime at all
• Pay straight time for OT hours
• Average hours across weeks
• Misclassify as exempt

Off-the-Clock Work

Must be paid for:

• Pre-shift preparation
• Post-shift cleanup
• Work during lunch
• Take-home work

Filing Complaints

U.S. Department of Labor

Wage and Hour Division:

• Phone: 1-866-487-9243
• File online at dol.gov
• Free to file

No State Agency

Critical point:

• Georgia has no state wage agency
• Must use federal DOL
• Or file private lawsuit

Private Lawsuit

Can sue for:

• Unpaid overtime
• Liquidated damages (double)
• Attorney's fees

Statute of Limitations

FLSA Deadlines

Time limits:

• 2 years from violation
• 3 years if willful
• File promptly

Damages Available

If Successful

May recover:

• Unpaid overtime
• Liquidated damages (equal amount)
• Attorney's fees
• Court costs

Liquidated Damages

Double recovery:

• Unpaid wages + equal damages
• Unless employer shows good faith

Common Scenarios

Scenario 1: No Overtime Paid

Situation: Work 50+ hours regularly, only paid straight time.

Analysis: FLSA violation if non-exempt. File DOL complaint.

Scenario 2: Misclassified Exempt

Situation: "Manager" title but no supervisory duties, paid salary with no OT.

Analysis: Likely misclassified. May be owed back overtime.

Scenario 3: Averaged Hours

Situation: Employer averages hours across pay periods.

Analysis: Illegal. Overtime calculated weekly.

Protecting Your Rights

Document Your Hours

Keep records of:

• Start and end times
• Breaks taken
• Total hours worked
• Overtime not paid

Request Classification Review

If you suspect misclassification:

• Review exemption criteria
• Compare duties to requirements
• Request HR clarification

Frequently Asked Questions

Does Georgia have overtime laws?

No. Federal FLSA provides overtime protections in Georgia.

Who gets overtime in Georgia?

Non-exempt employees working over 40 hours per week.

Where do I file an overtime complaint?

U.S. Department of Labor Wage and Hour Division.

Can I sue for unpaid overtime?

Yes. You can file a private lawsuit for FLSA violations.

How much can I recover?

Unpaid overtime plus equal liquidated damages and attorney's fees.

Related Topics

• Georgia Wages and Hours
• Georgia Minimum Wage
• Georgia Unpaid Wages

Take Action

If you're owed overtime:

1. Document hours worked
2. Calculate overtime owed
3. Review your exemption status
4. File with U.S. DOL
5. Consult employment attorney

Legal Disclaimer

This article provides general information about overtime laws in Georgia and is not legal advice. For specific advice, consult a licensed Georgia employment attorney.

For official information:

• U.S. Department of Labor: https://www.dol.gov/agencies/whd | 1-866-487-9243