Your employer is legally required to compensate you fairly for work. If you suspect your employer has violated minimum wage laws, either accidentally or on purpose, reach out to a wage and hour violation attorney. At Feldman Legal Group, our Atlanta minimum wage violation lawyers have the experience and commitment to help you receive the pay you deserve.
Unfortunately, these violations happen frequently, and sometimes because employers try to avoid paying fairly. Give us a call to speak with a skilled lawyer who could help you if your employer has violated minimum wage laws.
How Does an Employer Violate Minimum Wage Laws?
Employers could violate minimum wage laws in various ways. It may happen intentionally or from a lack of awareness, but underpaying workers is unethical and illegal, no matter how it occurs. An employer could pay an employee a flat daily or weekly rate that, when divided by the number of hours worked, falls below the required minimum wage.
Another common violation occurs when employers deduct wages from employees who earn tips, effectively causing workers to earn less than minimum wage. Employers also violate minimum wage laws when they require employees to work before or after their shifts without pay or when they illegally deduct work-related expenses from their pay. Lastly, misclassifying workers’ employment status could violate minimum wage laws; an employer could designate a worker as an independent contractor or exempt employee to evade minimum wage laws.
Identifying whether a minimum wage violation has taken place is possible with some calculation and diligence, and our lawyer in Atlanta could help employees make this determination. If you believe your employer has underpaid you, review your pay stubs to make sure the hourly rate is at least the state or federal minimum wage. Salaried workers can calculate their hourly rate by dividing their total earnings by the hours worked to ensure it meets or exceeds the minimum rate.
Minimum Wage Laws
Georgia is one of only a few states in the U.S. that has a lower state minimum wage than the federal rate of $7.25 per hour. The Georgia Code Annotated § 34-4-3 sets the state’s lowest rate of hourly pay at $5.15. There are several exemptions for employers who are not bound by the law. For example, employers making $40k or less in annual sales, employers with five or fewer employees, or farm owners do not have to follow the minimum wage the state requires. Georgia has not increased the minimum wage since 2001, despite many attempts to increase it with new legislation.
Most states have minimum wages above the federal rate to account for the increased cost of living. The Fair Labor Standards Act is a federal law establishing the federal minimum wage at $7.25. It was last increased in 2009. This federal law overrides state laws. If an employer is subject to both state and federal minimum wage laws, the higher minimum wage is what you should receive. Attorneys familiar with minimum wage violations in Atlanta could help you understand the various laws.
Seek Legal Expertise About Minimum Compensation Violations in Atlanta
If you suspect your employer has not paid you fairly, reach out to an Atlanta minimum wage violation lawyer. At Feldman Legal Group, our seasoned attorneys could offer legal advice about your specific employment situation. We help by evaluating your claim and offering advice on the best legal path forward.
Depending on your desired outcome, we could help you pursue damages from your employer, file a complaint with the U.S. Department of Labor (DOL) or Georgia’s DOL, or file a wage and hour lawsuit to recover wages and other fees. Our attorneys have experience in minimum wage violation matters and have the skills to represent you. We are not afraid to take your case to trial if necessary. Contact us today for a consultation.
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