Are You Entitled To Overtime?

PRLog (Press Release) – Dec 10, 2007 – Atlanta overtime attorneys Kimberly Martin & Tom Martin at Martin & Martin, LLP
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OVERTIME LAWS

In August 2004, the United States enacted sweeping changes to the federal overtime laws and regulations. Prior to opening Martin & Martin, LLP, attorney Kimberly Martin worked for a large international law firm counseling companies on the overtime laws and regulations and representing companies who were sued in overtime cases. Attorney Tom Martin worked for decades as a hospital executive becoming intimately familiar with the overtime laws and regulations and the proper classification of employees.

Now, Martin & Martin, LLP represents select employees who have been wrongfully denied their overtime. Martin & Martin, LLP can help employees determine whether they are entitled to overtime and help them obtain it.

ARE YOU A SALARIED EMPLOYEE?

Many employers believe that if an employee earns a salary then the employee is not entitled to overtime. THIS IS NOT TRUE. Every employee is entitled to overtime unless they fall within a specific exemption. The determination of whether you fall within an exemptions is based on your job duties -- NOT YOUR JOB TITLE. In other words, just because your title is "Manager" does not mean that you fall within an exemption.

HOW DO I KNOW IF I QUALIFY AS AN EXECUTIVE, ADMINISTRATIVE, OR PROFESSIONAL EMPLOYEE?

This requires your employer to look at your job duties to make this classification. Because this can be a highly complex analysis, some employers simply classify all salaried employees as exempt and in so doing, many employees do not get the overtime they deserve. In order to be properly classified as exempt, you must be performing exempt duties, i.e. supervising employees, authority to decide how things get done.

IF MY EMPLOYER INCORRECTLY CLASSIFIED ME, WHAT AM I OWED?

The overtime rate is time and a half for all hours over 40 in a workweek. Plus you may be entitled to "double damages."

WHAT IF I NO LONGER WORK FOR THE EMPLOYER WHO INCORRECTLY CLASSIFIED ME?

You may still recover overtime from your former employer as long as the statute of limitations (the deadline imposed by law within which you may bring a lawsuit) has not expired.

OTHER COMMON OVERTIME MISTAKES EMPLOYERS MAKE

1. Employers having employees work "off the clock;"

2. Employers granting "comp time" when the employer is not eligible to do so;

3. Employers paying employees their regular hourly rate for overtime work; and

4. Employees paid on a commission basis only receiving their "draw" and never or rarely receiving additional commissions. See Martin & Martin, LLP's collective action against Ethan Allen with respect to payment of draws at martinandmartinlaw.com.


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