State and federal laws protect employees from unscrupulous employers who exploit them by underpaying wages. You may be told you are not entitled to overtime because you should have finished your work in 40 hours. You may be classified as an independent contractor, so your employer does not have to pay benefits. You may be offered Georgia’s minimum wage, which, in most cases, violates federal law.
You work hard for your wages, and you deserve to receive what you have earned. Employers who chip away pennies from your dollars for their own gain are thieves and should be brought to justice. If you are seeking an Atlanta wage and hour lawyer to right the wrongs done to you, Mitchell Feldman and the Feldman Legal Group will fight to get you every dollar you are owed. Our employment attorneys are ready to help.
Minimum Wage Claims
The federal minimum wage under the Fair Labor Standards Act (FLSA) is $7.25 per hour, although the state minimum wage is only $5.15 per hour. That does not mean an employer can choose to pay an employee $5.15. Workers who are not exempt must be paid the higher federal rate, including $10.875 for hours worked over 40 in any given week. Employers receive a break if employees are exempt from federal law because:
- They are domestic employees
- They work for farm owners, land renters, or sharecroppers
- The company employs five employees or fewer
- The company sales do not exceed $40,000
- Their salary meets a minimum annual amount
Different rules apply to tipped employees, particularly restaurant servers. Employers must pay a base rate of $2.13 per hour to tipped employees, but the tips earned, added to the base rate, must equal the federal minimum wage or the employer must make up the difference. The attorneys at Feldman Legal Group can answer all questions concerning wage and hour claims in Atlanta.
Employee Misclassification
FLSA rules apply to employees, but not to independent contractors. It often benefits employers to misclassify workers as independent contractors to save money on benefits, workers’ compensation, and Social Security payments. The problem is the wrongfully classified employee can be penalized when they are ready to collect Social Security benefits because independent contractor earnings did not count.
According to the Code of Federal Regulations § 788.16, independent contractors are usually defined as working for themselves. Some guidelines from the U.S. Supreme Court include the permanence of the working relationship, if the worker has control over a project rather than the boss, and if the worker can make or lose money from the relationship.
When assessing whether an employee is misclassified, the Feldman Legal Group considers the totality of the situation and concentrates on the amount of control a business owner exerts over a worker. These laws are nuanced, and a wage and hour lawyer in Atlanta understands them.
An Atlanta Wage and Hour Attorney Fights for Employees
You earn your wages, and we are dedicated to seeing that you get them. The attorneys at the Feldman Law Group do not tolerate employers lining their pockets with the money they are supposed to pay you. Whether they short your hours, refuse overtime, or scrimp on paying benefits and Social Security taxes by misclassifying you, it is wrong.
Mitchell Feldman has decades of experience studying every detail of employment law issues. We represent clients in FLSA complaints and are just as comfortable taking cases to trial to seek justice and fair judgments, including money owed, liquidated damages, and injunctive relief.
Many employers count on your fear of losing your job and staying quiet to keep it. We will not stay quiet when our clients are exploited. An Atlanta wage and hour lawyer is waiting for your call.
(877) 946-8293