Georgia workers deserve to be paid fairly and in accordance with the law. When employers fail to do this, it violates the employee’s rights. If you believe you have been underpaid, had overtime pay withheld, or experienced other unfair treatment related to pay, contact Mitchell Feldman at Feldman Legal Group. Our legal team could help you understand the process of reporting wage and hour violations in Atlanta.
At Feldman Legal Group, we do not simply send demand letters or push clients to accept inadequate settlements. We litigate and are not afraid to take your case to trial. Our team has challenged some of the nation’s largest defense firms and corporate employers and won. Our experienced wage and hour attorneys could walk you through the process and help you pursue legal remedies against your employer.
Both Federal and State Laws Protect Workers
Employees are protected against unfair pay practices under federal and state laws. The Fair Labor Standards Act FLSA 29 U.S.C. §§ 201–219 governs wage and hour issues. The Official Code of Georgia Annotated §§ 34-4-1–34-4-6 sets the state’s minimum wage, establishes which employers are covered, defines important terms, and provides a legal remedy for those who are not paid fairly.
It is common for Atlanta workers to report pay issue claims under the FLSA because it offers broader coverage and more protection.
Employees are granted several protections from these laws, including a minimum wage, which is currently $7.50 per hour under federal law and only $5.15 under state law. Federal law supersedes the state’s law, so the higher rate applies. Additionally, employees receive overtime pay for any hours over 40 in one workweek. It is calculated by multiplying an employee’s regular rate by one and a half. Furthermore, an employer violates the law if they improperly label an employee as exempt from overtime or as an independent contractor to avoid costs.
Steps To Report Wage and Hour Violations
When facing wage and hour breaches from your employer in Atlanta, it is important to follow certain steps in reporting the violation and pursuing a resolution. Failing to do this could result in missed deadlines, a lack of evidence, or a negative outcome.
Keep a Detailed Record
The first step in the reporting process is to gather your documentation. It is important to do this before filing a complaint. Document any information that could be used as evidence of the employer’s violation. Some examples of evidence to collect include:
- Work schedules detailing hours worked (including overtime)
- Pay records received (pay stubs, bank records)
- Emails, texts, or other communication with your employer about hours or pay
- Job duty descriptions (if the challenge involves improper exemptions)
Our knowledgeable team could help you organize this information and identify where a violation occurred.
File a Formal Complaint
After gathering important documentation, the next step is to file a complaint. The Wage and Hour Division (WHD) of the U.S. Department of Labor is responsible for enforcing wage and hour laws all across the U.S. Filing a complaint involves submitting information about yourself, your employer, the type of work you did, how the employer paid you, personal records of hours and pay, and other relevant information.
The WHD investigates complaints about wage and hour violations. They will hold an initial conference with your employer, conduct interviews with employees, review employer records, and hold a final conference. The goal of this investigation process is to identify violations and correct them.
Filing a civil lawsuit against your employer is another option. Feldman Legal Group could help you understand the pros and cons of all options and determine which is best for your claim. Acting quickly is critical, as the statute of limitations is generally two years from the date of the violation, or three years if the violation was willful under the FLSA.
Negotiation and Litigation
Once a lawsuit has been filed, your employer will be served with the complaint and given the chance to respond. The discovery process is next and involves exchanging evidence. Skilled defense law firms often represent employers and are dedicated to minimizing the employer’s liability. Our legal team is prepared to negotiate and litigate aggressively on your behalf. We work to get you the wages you have earned and additional compensation.
Contact Our Atlanta Attorneys for Help Reporting Wage Issues
The process of reporting wage and hour violations in Atlanta does not have to be complicated. Contact our firm for assistance in holding your employer accountable and recovering your wages.
(877) 946-8293