Mistakes to Avoid in an Atlanta Wage and Hour Violation Case

If you are getting paid less than the federal minimum wage, working overtime without getting overtime pay or working off the clock, your employer is violating the Fair Labor Standards Act (FLSA). When your employer is not paying you fairly, you have legal options to seek repayment. Employees can file a claim with the U.S. Department of Labor (DOL) or file a lawsuit against their employer. However, there is no guarantee a claim will not be denied. Understanding the mistakes to avoid in an Atlanta wage and hour violation case can help you navigate the process for the best outcome possible. Our wage and hour attorneys are ready to help.

Why Your Actions Matter when Filing a Wage and Hour Violation Claim

Laws surrounding minimum wage and overtime requirements exist to protect employees from employer mistreatment. However, employees bear the burden of proof to show a violation was committed. Improper filing practices or insufficient evidence can lead to a claim denial, even if the employer is actually guilty.

Understanding the laws surrounding employee wages and process for filing a claim is vital to getting a favorable ruling. Working with an experienced Atlanta wage and hour attorney can help employees avoid the common mistakes that frequently lead to claim denial.

Mistakes to Avoid when Filing a Wage and Hour Claim

Errors can be the enemy of successful litigation, regardless of whether an employee is filing a claim or a lawsuit. Incorrectly filed forms disrupt investigations and consume precious time. Knowing what not to do when filing a wage claim in Atlanta can be the best way to succeed.

Failing to Gather Ample Evidence

Burden of proof is not to be taken lightly. Lack of supporting documents is one of the most common reasons wage claims are denied. Depending on the violation, evidence such as pay stubs, timecards, and communications with the employer can show an employer’s noncompliance with FLSA. Job descriptions and employment contracts may serve as evidence to show employee misclassification.

Misunderstanding Relevant Laws

Employers may know they are entitled to minimum wage and overtime pay. However, not knowing all the information about fair wages can lead to lower compensation or no repayment at all. For example, employees should know that they are entitled to the federal minimum wage of $7.25 per hour instead of Georgia’s minimum wage of $5.15. Not understanding the importance of the statute of limitations for wage and hour violations can invalidate a claim because of missed deadlines.

Skipping Legal Counsel

Employees do not have to secure legal counsel to file a wage violation claim. However, it can be the difference between making critical errors and taking every action to secure a successful outcome. Our experienced attorneys have a clear understanding of how wage laws apply to each case and how to file an accurate claim.

Consult with an Experienced Atlanta Wage and Hour Attorney to Avoid Making Mistakes With Your Wage and Hour Claim

Employers are required to abide by federal regulations to pay workers fair wages for the time they work. Knowing your employer’s obligations and your rights is the best way to recognize when wage and hour violations occur. Once you recognize a violation, understanding the mistakes to avoid in an Atlanta wage and hour violation case can be your best tool for filing a successful claim or winning in court. The Atlanta employment attorneys at The Feldman Legal Group are prepared to advocate for the rights of underpaid employees in all types of wage and hour violations. Contact us today to schedule your compensation and learn how we can help you avoid errors with your claim.