Individuals FAQs - Fair Labor Standards Act
When is my employer required to pay overtime?
Unless specifically exempted, employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate of 1 and 1/2 their regular rates of pay. Some exemptions include white collar workers employed in executive, administrative, professional, and outside sales positions who are paid on a salary basis.
What is the minimum wage for workers who receive tips?
An employer of a tipped employee is only required to pay $2.13 an hour in direct wages, if that amount plus the tips received equals at least the federal minimum wage for each hour worked. If not, the employer must make up the difference.
Isn't my employer required to pay severance pay if I was laid off?
There is no requirement in the Fair Labor Standards Act for severance pay. Severance pay is a matter of agreement between an employer and an employee per the employment contract.
Can my employer require me to perform duties not included in my job description?
Yes. The Fair Labor Standards Act does not limit the types of work employees 18 and over may be required to perform. This is true whether or not the work asked of the employee is listed on the job description.
Is my employer required to pay a higher rate if I work during the weekend or at night?
Extra pay for working weekends or at night is a matter of agreement between the employer and the employee (or the employee's representative). The Fair Labor Standards Act does not require extra pay for weekend or night work. It does require 1 and 1/2 the regular rate of pay for time worked over 40 hours in a workweek for nonexempt employees.
Isn't my employer required to give me breaks and a meal period?
Neither the Fair Labor Standards Act (FLSA) nor Georgia law requires breaks or meal periods be given to workers. However, many employers do provide breaks and meal periods, even though discretionary with the employer. Breaks of short duration, from 5 to 20 minutes, are common. The FLSA requires that workers be compensated during short break periods; however, an employer does not have to compensate workers meal periods of thirty minutes or more, as long as the workers are free to use the meal period time as they wish and are not required to perform work during that time.
What are an employer's requirements to provide vacation, sick, and/or personal leave?
Neither federal nor state law requires that an employer provide vacation, sick, or personal leave.
My employer had no good reason for firing me. What recourse do I have?
Unless you have a contract with your employer for a specified length of service, either you or your employer may terminate the employment relationship at any time, with or without cause, for any reason or no reason at all, with the exception of illegal discrimination. This is frequently called "Employment-at-Will."