Workers today need every dollar they earn just to make ends meet. Yet, all too often, employers use sneaky tactics to rob employees of the money they have earned. It is easy to be a victim of wage theft without even realizing it. For example, if some of your duties are performed off the clock, or you work more than 40 hours a week and do not receive overtime pay, your employer is not paying you fairly, according to federal law. Knowing what to do after an Atlanta wage and hour violation occurs can help you take action to get the money you have earned. Reach out to our wage and hour attorneys to discuss your options.
What Are Wage and Hour Violations?
Federal laws mandate requirements around minimum wage for workers and overtime pay when employees work more than 40 hours in a seven-day pay period. Wage and hour violations are actions that fail to comply with these laws, resulting in unfair pay to workers. The following examples highlight some of the most common wage and hour violations by employers.
- Failing to pay nonexempt workers the required federal minimum wage
- Misclassifying workers as independent contractors to avoid paying full wages and benefits
- Requiring workers to perform duties before clocking in or after clocking out
- Pooling tips to distribute among non-tipped employees
- Misclassifying workers as managers to deny overtime pay
- Setting a constant wage for overtime instead of paying workers time and a half
Any violation that prevents an employee from being paid fair wages as outlined in the Fair Labor Standards Act (FLSA) is considered a form of wage theft. An experienced wage theft attorney in Atlanta can evaluate unique cases and help employees understand their legal rights to compensation and what to do in the wake of a violation.
What Can You Do After a Wage and Hour Violation?
Once an employee recognizes a wage and hour violation, they should take action quickly to avoid further wage theft and get compensation for lost wages. Depending on the scope and timeline of wage violations, there are several steps an Atlanta employee can take to pursue payment.
Talk to the Employer
Many forms of wage theft are intentional, but some are genuine misunderstandings. For example, misclassifying workers or expecting independent contractors to meet specific demands can indicate a lack of knowledge of federal laws. An employee should discuss any concerns with HR professionals or their employer before taking legal action. The employer can then offer compensation or dispute the claim.
Gather Evidence
Supporting evidence can make all the difference in filing a valid claim. Collect pay stubs, timesheets, and any information that can document hours worked and pay received. When misclassification is a concern, job descriptions and worker contracts can offer valuable insight into the correct classification for a specific job role.
Seek Legal Counsel
Wage and hour attorneys specialize in cases involving wage disputes and are familiar with the applicable laws. An experienced attorney can evaluate the case and determine whether an employer’s actions fall under the scope of wage violations. A lawyer can then help an employee gather evidence and negotiate with employers or file a legal claim when necessary
File a Complaint
Under a lawyer’s guidance, an employee can determine whether to begin a complaint with the U.S. Department of Labor or begin a lawsuit in state court. An employee’s lawyer can present supporting evidence and advocate for the employee’s rights to get the pay they earned.
Contact an Experienced Atlanta Wage Theft Attorney for Assistance Resolving Your Wage and Hour Dispute
Employees being cheated out of their earned wages, overtime pay, or benefits often wonder what to do after an Atlanta wage and hour violation occurs. If you believe you are being underpaid, denied earned benefits, or otherwise getting paid unfairly, an experienced employment attorney can help. Wage and hour attorneys are familiar with federal laws surrounding minimum wage and overtime pay. They can communicate with employers on your behalf, gather critical evidence, and file a complaint or lawsuit for appropriate compensation. Contact the lawyers at Feldman Legal Group to learn how we can help you explore your legal options after a wage and hour violation occurs.
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