Federal laws apply to Georgia`s overtime laws, and the federal minimum wage is required when the state wage is below the federal minimum. FindLaw can provide more details on mandatory overtime laws in Georgia. If you can plan and forecast these seasons in advance by hiring part-time, temporary, or seasonal workers, you can help reduce your reliance on mandatory overtime during peak hours. Federal overtime regulations are included in the Fair Labour Standards Act (FLSA). With some exceptions, workers covered by the law must receive overtime pay for hours worked in a working week of more than 40 years, at least equal to working time and half of their normal wage. The law does not limit the number of hours employees 16 years of age and older can work each work week. The law does not require overtime pay to work on Saturdays, Sundays, public holidays or normal rest days, unless overtime is worked on those days. While employers rely on their current employees as a cost-effective measure to manage the workload of mandatory overtime rather than investing in more employees, there are other positive alternatives. What is important to understand is that even if you will have to work overtime, the next concern is getting paid, which you are entitled to. As an hourly worker, you will likely be entitled to “one and a half hours” for eligible hours worked. Regardless of the state`s specific overtime laws, the short answer is probably yes. Mandatory overtime occurs when employers require hourly employees to work more than 40 hours per work week.
The Fair Labor Standards Act (FLSA) requires employers to pay their employees an hour and a half, or 1.5 times their hourly wage, for each hour of overtime. Overtime exemptions are available to employees who receive a fixed salary of at least $684 per week and whose duties meet the managerial, administrative or professional criteria outlined in the RSA. When employees feel that overtime is something “mandatory” and out of their control, it can lead to increased stress, lower morale and confidence, as well as increased turnover and layoffs. However, your boss usually has the right to fire you if you don`t work the hours you want. There`s not much you can do if you`re an all-you-can-eat employee and your boss has followed your state laws and industry regulations. However, if you believe you are being selected for mandatory overtime because of discrimination based on race, colour, religion, sex, age, disability or national origin, or if your employer does not compensate you for overtime, you may have a complaint against your employer. Yes, mandatory overtime is legal and, in general, employees cannot refuse overtime. The FLSA does not set a limit on the amount of overtime a worker can work – it only requires employers to pay minimum wage for regular hours and overtime rates if an employee works more than 40 hours per week. The agreed standard deadlines must be applied if they are less than the legal maximum period. For example, if you work 32 to 38 hours per week, there is an agreed average work week of 35 hours, and thirty-five hours is the number used to determine the regular wage rate.
However, in cases where the working week is less than 40 hours, the law does not require payment of the overtime premium, unless the employee works more than eight hours per working day or more than 40 hours per working week. In other words, assuming you are employed under a policy that provides for a 35-hour week, the law does not require the employer to pay the overtime premium only after eight hours in a workday or 40 hours in a work week. If you work more than 35 hours but less than 40 hours in a work week, you are entitled to overtime pay at your regular rate of pay, unless you work more than eight hours per working day or 40 hours per work week. The FLSA allows certain categories of workers to be automatically entitled to overtime pay, regardless of their income. The employees included are: No, you are not entitled to overtime pay. Overtime is calculated based on the hours actually worked and you only worked 40 hours during the work week. Another example of where you receive your regular salary, but time doesn`t count towards overtime, is when you`re paid for vacation but don`t work that day. In such a case, the time on which the holiday pay is based to determine overtime does not count as hours worked because no work was performed. In short, yes. Employers can punish employees who refuse to work the required overtime.
The scope may vary by employer. However, there are no federal guidelines in this regard. In some cases, employees may be subject to discipline, deployment, demotion or even dismissal. For some employers, avoiding mandatory overtime can be avoided with something as simple as clear communication.