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do day rate employees get overtime after 40 hours

1 Answers. Asked on Oct 23rd, 2013 on Labor and Employment - Georgia
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Answered on Oct 23rd, 2013 at 3:25 PM

IF YOU WORK MORE THAN 40 HOURS PER WEEK FOR ANY EMPLOYER WHO IS COVERED BY THE FEDERAL FAIR LABOR STANDARDS ACT (MOST ARE), YOU ARE ENTITLED TO OVERTIME PAY AT THE RATE OF 150% OF YOUR REGULAR HOURLY RATE FOR EACH HOUR (OR PART) THAT YOU WORK PAST THE 40TH HOUR.

IF YOUR EMPLOYER IS AN INTERSTATE TRUCKING COMPANY AND YOU ARE A DRIVER FOR THE COMPANY AND IF YOUR EMPLOYER IS SUBJECT TO THE MOTOR VEHICLE CARRIER ACT AND REGULATED BY THE U.S. DEPARTMENT OF TRANSPORTATION, THE EMPLOYER MAY NOT BE COVERED. MOST OTHER EMPLOYERS ARE COVERED IF THEY DO BUSINESS IN AN AMOUNT THAT EXCEEDS $500,000.00 PER YEAR AND BUY SELL OR SHIP GOODS INTERSTATE.

IF YOU GET PAID BY THE DAY, YOU CANNOT BE CONSIDERED "EXEMPT" FROM OVERTIME PAY ENTITLEMENT -- MEANING THAT THE EMPLOYER WILL HAVE TO PAY YOU OVERTIME.

THESE WAGE-HOUR CASES ARE THE ONLY TYPES OF CASES THAT OUR FIRM ACCEPTS ON A CONTINGENT FEE BASIS (MEANING YOUR LEGAL FEES GET PAID BY THE EMPLOYER IF WE WIN).

 

MICHAEL A. CALDWELL

404-979-3154

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Labor and Employment
Labor and employment attorneys can help both employers and workers prevent, address and resolve a variety of issues related to the employer-employee relationship. Small business owners and managers should consult with employment lawyers when crafting employment policies (including those related to hiring, affirmative action, compensation, medical leave and sexual harassment); negotiating employment contracts, non-compete agreements and severance agreements; and resolving employment-related personnel disputes. Workers should talk to a labor and employment law firm before signing any job-related contracts and for help addressing issues related to discrimination, harassment, Americans with Disabilities Act (ADA) accommodations and Family and Medical Leave Act (FMLA) requests.
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