Atlanta, We’ve Got Your Back!
When was the last time?
When was the last time your employer just casually paid you for an extra hour out of the goodness of their heart?
Been a while, huh?
So why are you doing extra work for them off the clock?
Dropping off mail on the way home or picking up supplies on the way in to the office – these are worked hours and they are valuable. Any time an employer asks you to do something for free, they take cash out of your pocket. Minimum wage and overtime laws are there to protect your time and finances.
Your hours are precious and they’re worth something. Don’t just give them away.
- Is your employer trying to not pay you the overtime you earned?
- Have you done work off the clock?
- Are they keeping tips you earned?
These are some common ways businesses take advantage of your loyalty in order to line their pockets.
When companies are acting in bad faith to try and milk their most valuable asset
The Law Offices of Nicholas P. Martin is there to make them regret it.
What to Know About Overtime and Minimum Wage Law in Atlanta
The Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) states that employees must be paid an overtime rate not less than time and one-half their regular rate of pay.
Unless exempt, employees covered by the Act must receive their overtime for exceeding 40 hours worked in a standard workweek.
The Defined Workweek
The FLSA defines a workweek as a fixed and regularly recurring period of seven consecutive 24-hour periods (168 hours).
It does not have to be the calendar week and different workweeks can be set for different groups of employees. But it does have to be consistent and repeatable. An employer cannot take an average of hours over two or more weeks.
The Federal Minimum Wage
Since 2009, the federal minimum wage has been $7.25 per hour.
Under the FLSA, the vast majority of workers are guaranteed this minimum wage and overtime pay, and every year, millions of workers are taken advantage of because they’re not aware of their rights. However, the FLSA takes wage theft incredibly seriously.
Monetary Penalties
In order to discourage unethical pay practices, there are several monetary penalties that can be added onto your judgement.
For instance, most courts will require the company to pay your attorneys’ fee, making the entire process free to you. You may also be awarded “liquidated damages” meaning you may get paid double what you’re owed to make up for lost opportunity to invest the money you were supposed to be paid.
When It Becomes Theft
In plain English, when you work overtime for an employer without being paid commensurately, that’s theft.
If you’re being paid less than the federally mandated minimum when you’re eligible, that’s theft. The company wouldn’t let you get away with stealing from it; don’t let it get away with stealing from you.
What Are Some Common Causes of Overtime Wage Theft?
Requiring employees to work off the clock.
Misclassifying employees as “managers” when their duties are no different from workers they’re supposed to be in charge.
Miscalculating the hourly rate.
Paying workers a fluctuating “salary” based on how many hours they work each week.
Expecting (Or allowing!) employees to do additional, uncompensated work at home.
Not accounting for time spent on required training, travel between worksites, and other mandatory activities.
Frequently Asked Questions About Overtime and Minimum Wage Law
As covered in the FLSA, the Federal Minimum Wage is currently $7.25 an hour. An employer may pay a tipped employee not less than $2.13 an hour in direct wages if the employee regularly receives more than $30 a month in tips. If an employee's tips combined with the employer's direct wages of at least $2.13 an hour do not equal the federal minimum hourly wage, the employer must make up the difference.
As laid out in the FLSA, overtime pay equals one-and-one-half (1.5x or 1.5 times) their “regular rate” for a given workweek, how much they made per hour for that week. A workweek is defined as 40 worked hours.
It’s not just as easy as checking your timeclock! Total time worked may include changing into necessary safety gear, remaining “on call” during your workday, or site to site travel.
Generally, overtime and minimum wage issues in a workplace isn’t just happening to one person. It’s a systematic, company-wide practice across the entire business. A suit like this is much stronger when it’s filed with many people, or class action. If you have questions, call us. We’ll figure out how to best approach it.
For the most part. The FLSA applies to any businesses with $500,000 or more in annual sales. Georgia's minimum wage is $5.15 per hour, but that only applies in very limited exceptions.
If successful, it’s possible you’ll not only recover the back pay you were entitled to, but you may also be eligible for “liquidated damages,” which is double the amount of recovered overtime wages. For instance, if you secure $1,000 in back pay, you’d have an additional $1,000 coming your way. Also, the FLSA mandates your employer reimburse you for out-of-pocket legal expenses, if you win. (If you don’t win, you won’t be required to pay your employer’s attorney fees, unless the court finds that you filed in bad faith.)
No. “Retaliation” (firing after filing a wage violation lawsuit against any current or former employer) is strictly prohibited by the FLSA.
According to the FLSA, an employer cannot repeatedly change their business’s pay frequency to get out of paying overtime wages. Additionally, an employer may not change you pay without you first agreeing to it.
Generally, employees are only able to file for the previous three years. In some cases, the recovery period may only cover the previous two years leading up to filing. Your best plan of action is to move today!
Atlanta’s Best Attorney for Overtime and Minimum Wage Cases
Eight hours of work. Eight hours of recreation. Eight hours of rest.
That’s how the American workweek was established. People in the Atlanta metro area are already giving up too many hours in their commute. You deserve to get paid for the work you do. Every single bit of it.
If you’re worried, you’re being taken advantage of, don’t wait.
Nick works overtime, so you can get paid for yours.