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Thread: Made to take days off to avoid paying OT Georgia

  1. #1
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    Default Made to take days off to avoid paying OT Georgia

    I am non-exempt, hourly paid full time employee. I get paid bi-weekly. My regular work schedule is 8am-4pm Mon-Fri.

    I was informed that starting next week that I would be placed on call on in case I was needed after hours (weekends).

    I was also informed that if I am ever called into work, any hours that I work that would take me into overtime hours, I would have to take off instead of getting paid OT.

    So lets say that I am called in over the weekend and work 4 hours. They are going to make me take off 4 hours one day the following work week instead of paying me.

    Can they make me take time off to keep my hours down so they don't have to pay me OT?

  2. #2
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    Short answer = yes. There is no law that prohibits it.
    I am not able to respond to private messages. Thanks!

  3. #3
    Raster
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    Double check..Not my area of knowledge.....I think employer can juggle your work schedule at will within a pay period as defined in your state law so as to keep you at 40 hours and not more ......but IF in a busy time you log a whole lot of time they cannot make you clock out in a later pay week to balance it out
    I think GA follows FSLA.

  4. #4
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    In NO state is an employer prohibited from changing an employee's schedule to avoid him working overtime hours, regardless of how busy it is.

    Overtime must, in all states, be paid as part of the week in which it is earned. However, the following is completely legal in all states:

    (for easy math we will assume the employee is paid $10 an hour)

    Week one of biweekly pay period: Employee works 50 hours. He is due, NO MATTER WHAT, 40 hours at straight time and 10 hours of overtime. So he is due $550.00 for week one of the bi weekly pay period.

    Week two of bi-weekly pay period: Employee is sent home and told not to come back for the rest of the week when he reaches 25 hours. He is due $250 for week two.

    $550 + $250 = $800.00 - exactly the same amount as if he had worked 40 hours each week.

    Reiterate; In NO state is that illegal.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  5. #5
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    Quote Originally Posted by cbg View Post
    Overtime must, in all states, be paid as part of the week in which it is earned.
    Is this documented somewhere I could print it off?

    Our pay periods run Sunday through Saturday.

    So if I have worked my 40 hrs for the week and I get called in on friday night or saturday, I have to be paid OT for time worked over 40 hrs in that pay period week.

    If I get called in on Sunday they could make me take the time off before the pay period week is up to keep my hrs at 40 for the week.


    Would any of this change if I worked for a state or county agency or worked in law enforcement?

  6. #6
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    Overtime laws are contained in the Fair Labor Standards Act:

    http://www.dol.gov/whd/overtime_pay.htm

    You are correct in saying that if you work on a Saturday and it puts you above 40 hours, you have to be paid overtime based on your work week. You are also correct in saying that if you are called in on a Sunday, they can make you take time off during the week to keep you under 40 hours, based on your work week.

    This does not change for someone in law enforcement unless there is a collective bargaining agreement in place that provides otherwise.
    I am not able to respond to private messages. Thanks!

  7. #7
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    Thanks for the information and the link.

    I will start another thread with my concerns on OT and law enforcement guidelines.

  8. #8
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    Here are the OT rules for your state - Ga.

    http://www.minimum-wage.org/overtime/georgia
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