You deserve fair and timely pay for the work you do. When employers engage in unfair practices, such as denying overtime or proper breaks, misclassifying employees, or paying less than legal minimum rates, you could have a strong claim.
At Feldman Legal Group, our seasoned attorneys are familiar with the common wage and hour violations in Atlanta. We understand how employers violate workers’ rights regarding payment. Our knowledge and experience help us confront large corporations and defense firms and fight for the compensation you have earned. If your employer has taken advantage of you and refuses to pay, Mitchell Feldman could work hard to get results.
Failing To Pay the Minimum Wage
Georgia has set a minimum wage of $5.15 per hour, which is one of the lowest in the country. However, the federal Fair Labor Standards Act (FLSA) sets a higher minimum rate of $7.25 per hour. Nearly all workers are eligible for the higher minimum wage as established by the federal government. A minimum wage violation could occur when an Atlanta employer pays a worker less than the legal minimum rate or ignores overtime. Wage violations could be more subtle, such as:
- Failing to reimburse business expenses, such as mileage or uniform costs
- Requiring an employee to attend training without pay
- Making illegal deductions from pay that effectively lowers pay below the minimum wage
Our attorneys could help you understand if your situation is a wage violation.
Misclassifying Employees as Independent Contractors
The FLSA provides that most workers are eligible for minimum wage and overtime pay. However, workers lose those protections when classified as independent contractors. An Atlanta employer may label an employee as an independent contractor to avoid paying overtime, minimum wage, insurance, taxes, or workers’ compensation. Courts apply the economic realities test, which considers several factors when determining whether a worker should be classified as an independent contractor or employee. For example, the court looks at the degree of control the employer has, the worker’s opportunity for profit or loss, the skill required, and how integral the work is to the employer’s business. Misclassification could result in workers being shorted their hard-earned money.
Unpaid Overtime and Forced Off-the-Clock Work
As established in the FLSA, employers must pay non-exempt employees overtime for any hours they work over 40 in one week. So, if an employee’s regular pay rate was $20 per hour, and they worked 45 hours in one week, the employer would need to pay $20 per hour for the first 40 hours and $30 per hour for the other five. Illegally denying overtime may include:
- Failing to count all hours worked (such as meal breaks or pre-shift tasks)
- Offering comp time instead of overtime pay
- Misclassifying workers as exempt to avoid paying overtime
- Requiring employees to work before or after clocking in without pay
Feldman Legal Group in Atlanta could help you hold your employer accountable for any such offences of your hours worked and pay.
Contact an Atlanta Attorney for Help With Hour and Wage Violations
If you have experienced a wage and hour violation, consider taking action soon. The FLSA requires you to act within two years, or three years for willful violations. Our legal team could evaluate your situation to determine any violations your employer made and help you file a complaint with the U.S. Department of Labor or a civil lawsuit. Many workers feel that speaking about these matters could cause their employer to retaliate; however, retaliation is also illegal.
Common wage and hour violations in Atlanta cause many workers to lose the pay they deserve. Let our experienced and results-driven legal team help you fight unfair practices. We aggressively represent workers and look forward to helping you collect your hard-earned pay.
(877) 946-8293