We Fight For Atlanta’s Working Class
The backbone of this country is the worker.
Yet again and again, you see employers try to take advantage of their employees.
Your work deserves adequate and fair wages for the hours you labor.
Too many employees will be loyal to their companies and find out too late that it’s a one-way street.
- Have you done work off the clock?
- Is your employer trying to not pay you the overtime you earned?
- Are they insisting on pooling tips with non-tipped employees?
- These are the tricks employers use to keep money in their pocket and out of yours.
Nick Martin became an attorney to make sure the common person gets their fair shake.
Don’t let them keep taking advantage of you.
What Are Unpaid Wage and Hour Violations?
Unpaid Wage and Hour Lawsuits
These lawsuits allege the employer has broken a law such as the Fair Labor Standards Act (FLSA).
The ground this law covers includes (but is not limited to) the establishment of a minimum wage, that covered employees must receive overtime pay for working over 40 hours per workweek, and that employees must retain all of their tips, except to the extent that they participate in a valid tip pooling or sharing arrangement.
Most Common Atlanta Lawsuit
Wage and Hour lawsuits are more common in Atlanta than any other form of employment litigation.
Nationally, their frequency has increased 400-fold since the year 2000, mostly due to increased knowledge of worker’s rights and access to proper legal representation.
hundreds of millions of dollars for underpaid employees
Wage and Hour lawsuits have garnered hundreds of millions of dollars for underpaid employees in the last few years alone.
We have the power to make corporations pay for their non-compliance. Your employer wouldn’t accept partial work; you shouldn’t accept partial pay.
What Are Some Common Causes of Wage and Hour Lawsuits?
As you can see, Wage and Hour lawsuits can touch any industry.
The only constant is workers’ hard-earned cash being siphoned from their pockets.
Failing to pay a salaried security guard the required minimum salary.
Misclassifying bakery workers as independent contractors to deprive them of benefits and expense reimbursement.
Underpaying fast food workers.
Failing to pay call center reps for work performed before clocking in.
Misrepresenting income available to drivers after completing a training program.
Retail workers being misclassified as a manger to deny them overtime pay.
If you aren’t sure if your situation qualifies, call us now.
We’ll work to make sure you’re paid what you’re owed.
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 their “regular rate” for a given workweek, how much they made per hour for that week. A workweek is defined as 40 worked hours, with some exceptions for special industries.
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.
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.
According to the FLSA, most commissioned employees (recruiters, salespeople, business development workers) are entitled to overtime.
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.)
“Retaliation” (firing after filing a wage violation lawsuit against any current or former employer) is strictly prohibited by the FLSA. Period.
Under the FLSA, an employer must use a consistent pay frequency. They cannot repeatedly change their business’s pay frequency to get out of paying overtime wages or prolong wage distributions. Additionally, an employer may not change your 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 Wage and Hour Law Firm
The worker built this country and
all they ask in return is a fair wage for a day’s work.
The Law Offices of Nicholas P. Martin are ready to make sure you’re paid what you’re owed.
We have the experience, the focus, and the fight.
Need someone on your side to make your check reflect your work?