Former Administrative Assistant Suing for Unpaid Overtime

A Georgia woman is suing for unpaid overtime, claiming that the company she worked for did not pay her overtime rate for the overtime hours she worked.

Plaintiff Bobbie Jo S., a resident of Acworth, Ga., alleges she worked for the defendant, Six Continents, from Jan. 1, 2014 until Sept. 18, 2017. Her job title was Administrative Assistant.

Bobbie Jo was what is called a non-exempt employee. Essentially, a non-exempt employee is an hourly worker that isn’t exempt from overtime pay and regulated rest and meal breaks. An exempt worker usually is “salaried” and does not receive overtime pay.

An exempt worker usually has more responsibilities than a non-exempt employee. In her overtime lawsuit, Bobbie Jo claims that she was not responsible for the management of any other employees and that she did not conduct the reviews, schedules, vacation requests or warnings of other employees.

Allegedly, she was also not able to hire or fire anyone. If she was an exempt worker, she would not be suing for unpaid overtime. But she claims, for these reasons, she was rightfully listed as non-exempt.

She claims the reason she is suing for unpaid overtime is that she was required to work more than 40 hours a week. A non-exempt employee, by law, should receive one and one-half times the rate of her normal pay for any hours worked over forty per week.

However, Bobbie Jo alleges, she did not receive that. She is suing for unpaid overtime because she was only paid for overtime for a short period of time for which she worked for Six Continents. Bobbie Jo says from March 28, 2016 until Nov. 11, 2016 she did receive the proper pay for the time she worked in excess of forty hours in a workweek.

For the other time that she was employed by Six Continents, she claims she did not receive proper overtime pay, in violation of federal law.

The first count in Bobbie Joe’s lawsuit lists violation of the FLSA. First enacted in 1938 and then amended many times in subsequent years, the Fair Labor Standards Act regulates the way workers are treated in the United State. It exists to make sure that all U.S. employees get fair wages and are paid for overtime that they work. It also ensures that workers aren’t exploited or abused by employers and that they are kept from these types of dangers in the workplace.

Bobbie Jo is suing for unpaid overtime claiming that Six Continents is “liable to [Bobbie Jo] for compensation for any and all time [she] worked in excess of forty hours per week at the rate of at least one and one-half times the regular hourly rate as legally required under the compensation requirements of the FLSA.”

This FLSA Lawsuit is Case No. 1:18-cv-00407-WSD in the United States District Court for the Northern District of Georgia, Atlanta Division.

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