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A.J.
A.J., Employment Lawyer
Category: Employment Law
Satisfied Customers: 4300
Experience:  Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
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My friend works at a small manufacturing company (this is in

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My friend works at a small manufacturing company (this is in Georgia). His hours weekly vary, but he averages around 40, and makes $10 per hour. He is married (wife works for the same company - same pay rate) and they have three children. He wants to take on a part time job to help with their finances. He was told that if he did, any hours that he had over 40 at his regular day job would be paid at just regular time instead of time and a half. He is a blue collar worker. Something tells me this is against the law. The employer has also offered to let him take on additional duties after hours a few times a week, but same scenario - all pay at regular rate. Is this valid? Any help, answers appreciated.

SavyLawyer :

Hello, and thank you for contacting Just Answer. My name isXXXXX am an employment law professional, and I look forward to answering your question this evening.

SavyLawyer :

No, it is generally not ok to fail to pay overtime for any hours worked over 40 for one employer. It does sound as if this employer is trying to ignore overtime rules.

Customer:

That's what I thought.

SavyLawyer :

There is nothing in any wage and hour law that would allow an employer to pay less than time and a half for overtime if the employee has a second job, the two are just not related at all. Now, one thing an employer could do is refuse to give any overtime to any employee who has a second job. However, if more than 40 hours are worked in any single week, overtime is generally due.

SavyLawyer :

More information on Georgia's overtime law/rules can be found at:

SavyLawyer :

http://www.dol.state.ga.us/em/employment_laws_rules.htm

Customer:

I understand. My friend is a very hard worker - family man. I'm concerned for him and the family. I do appreciate your answering my question and help on this!

SavyLawyer :

You are most welcome, and let me know if you need any additional information or clarification of anything I have said. Otherwise, please remember to RATE my answer so that I can receive credit for my work.

Customer:

I sure will. Thanks again.

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