House republicans are set to consider legislation that may weaken your right to overtime compensation under federal law. The Fair Labor Standards Act (FLSA) is one of the oldest federal labor laws, setting forth certain minimum wage and overtime standards applicable to virtually all U.S. employers. The FLSA provides that all non-exempt employees are entitled to be paid overtime at a rate of one and one-half times their regular rate of pay for all hours worked in excess of 40 hours in any work week.
Currently overtime violations are one of the main sources of litigation in employment law, with many employers intentionally or accidentally failing to pay workers all the overtime wages they are entitled to. Because overtime compensation can make up a significant part of a worker’s take home pay – ensuring an employer follows the law and pays you what you deserve is crucial.
If you have questions about the FLSA or are concerned that you haven’t been paid all the overtime wages you are entitled to, it’s a good idea to consult with an experienced Atlanta wage and hour attorney right away.
The new legislation seeks to amend the FLSA to make it even harder to get the overtime pay you deserve. The policies under consideration – ironically labeled “family-friendly” – will likely weaken overtime pay policies. The proposed law would change the policy of requiring employers to pay workers increased wages for working long, to one where the employers have the option of giving employees more “comp time” instead of more wages.
As reported in a legislative journal, the FLSA currently requires employers to pay overtime for wage-earners who work more than 40-hours- “giving employers little control over how to compensate those workers except for managing their hours in a way that prevents excess work.” If the new legislation is passed, employers would have more control over how workers are compensated for overtime work, since they would likely have to approve taking time off under comp time.
A worker’s rights advocate explains: “Employers will be able to discriminate against employees who want overtime pay and employers would control when employees could use the comp time. This bill is not family friendly.”
As Georgia employment lawyers dedicated to workers rights, the attorneys at Buckley Bala Wilson Mew LLP will be paying close attention to this overtime legislation.
For more information or if you have questions about the FLSA or overtime pay, please contact our office to speak to one of our skilled Atlanta overtime lawyers right away.