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attorneys Chris Hall & Andrew LamprosDecatur Employment Law Attorneys

Employers must abide by employment status and regulations in the state of Georgia. Failing to meet these requirements may result in penalties. Wage and overtime violations are some of the most common issues. Reaching out to a Decatur Employment Law firm may help determine whether a worker can make a case against the employer. Schedule your consultation with Hall & Lampros, LLP by calling 404-876-8100.

Common FLSA Claims in Decatur

Any state that does not have its own rules regarding overtime pay must comply with the federal laws established in the Fair Labor Standards Act (FLSA). With Georgia’s overtime laws, the states must abide by a combination of federal and state employees’ guidelines. However, in many situations, federal laws are applicable for most workers. Per the Fair Labor Standards Act (FLSA), all covered employees must be paid minimum wage for the hours worked, receiving 1.5 times the pay for overtime. That overtime starts when the employer has accumulated 40 hours in a workweek unless they are exempted. Georgia’s minimum wage is slightly different from the federal standard. Employers should pay the FLSA-covered individuals the federal minimum wage of $7.25 per hour. For any non-covered workers, an employer must pay the minimum hourly wage of $5.15

Often, an employer will pay for their employees properly and legally. In those other cases, the employee should file a claim against the company or individuals for issues involving overtime and wages. Some of the most common violations include:

  • Misclassifying employees to avoid paying overtime
  • Failure to pay for any overtime
  • Failure to pay for mandatory meetings
  • Paying a salary to avoid paying for overtime

Tipped Employees and Pay

Some employers are exempted, but employers still need to follow federal rules. Employers are not allowed to withhold compensation for workers. Those employees who earn $30 or more in tipped compensation must be paid a minimum hourly wage of $2.13. According to the United States Department of Labor, the FLSA does have a credit provision allowing employers to claim up to $5.12 per hour. But employers are required to cover any difference when a worker’s wages are below the established minimum amounts.

Mandatory Overtime Laws

Employers must pay overtime wages in the state. The Georgia Department of Labor allows employers the right to schedule overtime without asking an employee for approval, as long as the employee is paid for their time. The state does not limit the number of overtime hours worked in a single day or week. If the employee refuses to work overtime, then the employer does have grounds for termination. Overtime laws in the state do not require mandatory overtime pay for working over 8 hours a day; instead, employers must determine the overtime hours after completing a workweek. With that, some employers may try to avoid paying overtime wages, even after 40 hours of work. It may be time to speak to Hall & Lampros, LLP, a Decatur employment law firm, in those cases.

Comp Time and Statute of Limitations

Some employers may substitute overtime with paid time off, which is not allowed under the law except for government employees. Employers must pay the employees in the private sector for their overtime wages. Under current Georgia laws, any employee denied overtime wages has up to 2 years to file a lawsuit and recover wages. However, if the employer intentionally violated overtime laws, there is a 3-year statute of limitation in the case.

Filing a Claim in Decatur

Employees will have to prove that an employer does not pay overtime wages. For that reason, keeping track of their time and pay is vital. Employees can make notes of their income in either a written or electronic format. This documentation is essential to filing a claim against an employer. Unfortunately, some employees will falsify records or lose paperwork to protect themselves against lawsuits. For that reason, it is vital to work with an employment lawyer who can help verify the facts and evidence in a case. In many cases, time is vital to make these claims. Working with an employment lawyer may be able to help an employee recover lost wages and unpaid overtime.

Speak To an Employment Lawyer To Learn More

Working for a company that does not honor their wage or overtime commitments is both disheartening and illegal. Our Decatur employment law attorneys will listen to your concerns and help you determine the next course of legal action. Schedule a consultation with Hall & Lampros, LLP, by calling 404-876-8100.