Hard work may be its own reward, but getting paid is essential for getting bills paid and putting food on the table. If your employer doesn’t pay you fairly for the hours you’ve worked, you have options for seeking compensation to get your hard-earned money. However, time is of the essence when filing a wage and hour claim. The statute of limitations for Atlanta wage and hour violations typically means you only have two years from the date of the infraction. If you miss this deadline, you will no longer be able to file. Understanding your legal options and taking action quickly is crucial to ensuring you have an opportunity to claim the wages you earned. An experienced Atlanta wage and hour attorney can offer professional advice so you can make an informed decision about the best way to pursue compensation.
Options for Filing a Wage and Hour Claim
When considering how to seek compensation for unpaid wages, employees have the choice of filing a claim with the Department of Labor (DOL) or filing a lawsuit against the employer. These actions have the same goal but different processes.
Filing a wage claim with the DOL requires an employee to gather supporting evidence and file an official complaint. The Wage and Hour Division of the DOL will conduct an investigation to determine if a violation has occurred. If the DOL finds a violation, the employer will be required to pay the employee back pay.
Filing an unpaid wage lawsuit involves taking legal action against the employer through the court system. Employees may choose to file a lawsuit if their claim with the DOL was denied or the dispute is complicated. The process is typically more involved and requires more evidence and legal assistance from an Atlanta attorney who specializes in employment law and understands the statute of limitations.
What is the Statute of Limitations for Wage and Hour Violations?
Since Atlanta does not have state statutes of limitations regarding wage and hour violations, the federal statute applies. Under the Fair Labor Standards Act (FLSA), employees have a two-year window to file a lawsuit after a wage violation occurs. If the violation has been ongoing, the employee can only claim unpaid wages for the two years preceding the filing of the claim.
Willful Violation Exception
The two-year statute applies in most cases. However, if an employee can prove the FLSA violation was a willful act by the employer, the statute of limitations is extended to three years. To get the extended statute of limitations, an employee must prove the employer was aware their actions were prohibited or that they demonstrated reckless disregard for whether the actions were violations.
Whether wage and hour violations fall under the two or three year window, employees must act quickly to file a valid claim. A DOL wage and hour investigation takes months to complete. If it results in a denial, the time an employee has to file a lawsuit will be significantly decreased. This is why many employees choose to seek legal counsel when choosing how to move forward with a claim. An experienced Atlanta wage and hour attorney can help identify wage laws that an employer has violated and offer advice about how to file before the applicable deadlines.
Contact an Experienced Wage and Hour Attorney in Atlanta to Avoid Missing Crucial Deadlines
If your employer is paying you sub-minimum wages or fails to pay you time and a half for overtime, seeking assistance from an employment lawyer is in your best interest. Failing to take action within the statute of limitations for Atlanta wage and hour violations can invalidate your claim, allowing you to recover nothing. The Atlanta employment law attorneys at Feldman Legal Group have substantial experience handling all types of wage and hour violation cases. Our lawyers can give you the advice you need to make informed decisions about filing a claim before any crucial deadlines. Contact us today to schedule your consultation.
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