Employment Law

Overtime Violation Attorneys in Alabama and Georgia

Overtime Violation

If you’re an hourly employee working over 40 hours a week, you’re usually entitled to extra pay—known as overtime. When employers don’t pay this correctly or try to avoid it altogether, that’s called an overtime violation.

Understanding Your Rights Under Federal Law

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The Fair Labor Standards Act (FLSA) requires most employers to pay non-exempt employees “time and a half” (150% of their regular hourly wage) for any hours worked over 40 in a single workweek. Despite this, many workers never receive the full compensation they’re owed.

Whether it's misclassification, underreporting hours, or failing to include bonuses in your pay rate, unpaid overtime is a serious issue—and you have legal options.

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Who Is Entitled to Overtime Pay?

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Most employees are covered under the FLSA unless they fall under specific exemptions. You're likely eligible for overtime if:

  • You’re paid hourly and work more than 40 hours a week
  • You’re not a manager or supervisor with decision-making authority
  • You aren’t classified as an independent contractor

If you’re unsure, we can help review your classification and job duties to determine whether you’re being paid fairly.

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Commonly Exempt Workers Include:

  • Salaried employees in executive, administrative, or professional roles (earning at least $684/week under current standards)
  • Outside salespeople regularly working away from their employer’s place of business
  • Certain computer professionals, like systems analysts and programmers
  • Independent contractors and freelancers
  • Seasonal or small farm workers
  • Specific newspaper and delivery workers

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Common Overtime Pay Violation

  1. Misclassification

    Employers may label workers as “exempt” to avoid paying overtime—even if the role doesn’t meet exemption requirements.

  2. Off-the-Clock Work

    Being asked to clock out and continue working? Or handle emails and calls after hours? That time should be paid.

  3. Unpaid Mandatory Activities

    Time spent in training, meetings, or preparing equipment must be counted toward your total hours.

  4. Incomplete Pay Rate Calculations

    Bonuses, commissions, or shift differentials are often left out when calculating your overtime rate which means you’re being underpaid.

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Taking Legal Action

If you’ve been denied overtime pay, you have the right to take legal action. You may be able to:

  • Recover unpaid wages (plus damages)
  • File a claim for retaliation if you were punished for speaking up
  • Pursue a settlement or take the case to trial

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There’s a limited time to act:

  • 2 years from the date of the violation (standard cases)
  • 3 years if the employer acted willfully

Let’s Talk About

What You’re Owed

Think you’ve been underpaid for overtime? Don’t wait. Contact our office for a personalized consultation and get the clarity and support you deserve.

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