If Iwork 4 days on/4 days off with 12 hour shifts, why don’t I get overtime pay?

Asked on September 20, 2010 under Employment Labor Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

On the issue of overtime pay, GA follows federal law.  The federal law covering this topic is the Fair Labor Standards Act (FLSA). The FLSA does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work.  However, overtime may be required. This federal law requires that some employees be paid overtime when they work more than 40 hours a week.  The FLSA divides employees into categories of salaried employees.  These are the “salaried exempt,” who are not protected by overtime laws, and the “non-exempt,” who are legally protected.  Exempt employees are typically executives or employee that have direction over at least 2 other people; they must also be responsible for significant decision-making. Exempt employees are not entitled  to overtime pay.

Note:  Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes.

If you think that you should be receiving overtime but are not, you need to contact your state's labor department and/or an employment law attorney.

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