What are my legal obligations as a small business owner in Georgia regarding overtime pay for employees who work more than 40 hours per week?
As a small business owner in Georgia, you are legally required to pay your employees overtime pay for any hours worked over 40 in a workweek, at a rate of at least one and a half times their regular rate of pay. This is mandated by the Fair Labor Standards Act (FLSA), a federal law that applies to all employers engaged in interstate commerce or who have a gross annual revenue of $500,000 or more.
In addition to the federal law, Georgia also has its own wage and hour laws that must be followed. Employers in Georgia must pay their employees overtime for any hours in excess of 40 per workweek, at a rate of time and a half their regular rate of pay. The Georgia law also applies to all employers in the state, regardless of whether they are engaged in interstate commerce or whether their gross annual revenue exceeds $500,000.
However, there are certain exceptions to these laws. For example, employees who are classified as exempt under the FLSA are not entitled to overtime pay. To be exempt, an employee must meet certain criteria related to their job duties and compensation level. Additionally, certain industries, such as agriculture and seasonal amusement or recreational businesses, may have different overtime requirements.
It is important for small business owners in Georgia to keep accurate records of their employees' hours worked, and to calculate their overtime pay correctly. Failure to comply with the FLSA or Georgia's wage and hour laws can result in serious consequences, including legal action and fines.
If you are unsure about your specific obligations as a small business owner in Georgia regarding overtime pay, it is advisable to consult with a licensed attorney who is experienced in employment law. An attorney can help you understand your legal obligations, review your payroll policies and procedures to ensure compliance with the law, and provide guidance on any necessary changes or updates.