Are You Paid Less Than the Minimum Wage?
Atlanta Employment Law Lawyers
Although Georgia's minimum wage is $5.15 per hour, virtually all workers in Georgia are entitled to the higher federal minimum wage of $7.25 per hour. In reality, many employees never get paid the mandated rate. Some employers knowingly exploit unskilled workers. And some employees, such as those who earn tips or who are paid on a salary, may end up earning less than the mandatory minimum through errors or intentional practices of their employers.
Feldman, Fox & Morgado, P.A., stands up for employees who are deprived of a living wage. We help clients assert their rights under the federal Fair Labor Standards Act (FLSA) and corresponding protections under Georgia's labor statutes. If you have been paid less than the minimum wage, the employer may be liable for double damages (twice the amount of unpaid wages).
Do You Have a Minimum Wage Claim?
Our lawyers represent workers in the metro Atlanta area and North Georgia in claims for back pay and penalties for minimum wage violations.
Contact us for a free case evaluation.
Georgia Minimum Wage Violations Lawyers
Companies with six or more employees are subject to the Fair Minimum Wage Act, which raised the federal minimum wage to $7.25 per hour as of 2010.
However, certain classes of workers are likely to be paid less than the minimum wage, through various illegal practices:
- Employees paid in cash — It is not illegal to pay in cash, but it is a common method for skirting the minimum wage law. Employees are entitled to an itemized pay stub.
- Farm workers and other unskilled laborers — Some employers do not believe that the work is worth $7.25 an hour, and know that they can readily replace workers who complain.
- Tipped employees — If an employee earns at least $30 per month from tips, the employer can substitute "tip credits" for wages. However, tipped employees must be paid at least $2.13 per hour, and tips plus wages must equal at least minimum wage. Tips can be pooled among co-workers, but employers and managers cannot take any cut.
- Undocumented aliens — Every worker, whether a legal resident of the U.S. or not, is entitled to minimum wage. Employers who knowingly hire illegal workers also know that they can exploit them for less than minimum wage because of the threat of deportation.
- Retail or fast food managers — When divided by 50-plus hours a week, many managers on low salaries earn less per hour than minimum wage.
Remedies for Minimum Wage Violations
Any worker who is paid less than minimum wage may be entitled to liquidated damages — double the amount of unpaid wages, plus a penalty of up to $250 for each pay period in which the employer failed to pay wages. FLSA claims may reach back up to four years.
As you can see, you may be entitled to a substantial sum for back pay, damages and penalties. However, bringing a claim directly through the Department of Labor or state commission may not result in full compensation ... or any compensation. Our skilled and aggressive attorneys know how to document, file and fight these claims to hold employers accountable for wage violations.
Contact our Atlanta office to arrange a free, confidential consultation. Managing shareholder Mitchell Feldman is licensed to practice in state and federal courts of Georgia and oversees our Atlanta office.
