Wage and Hour Law in Atlanta, Georgia
The Reddy Law Firm, P.C. of Atlanta strongly suggests that all employers and all employees learn exactly how the Fair Labor Standards Act and other employment laws apply to their specific situations. Attorney Reddy also encourages employers and employees engaged in any disputes involving wage and hour law in Atlanta to contact an employment lawyer immediately. The Reddy Law Firm can help you understand both the laws and the many exemptions to the laws.
Which employers are subject to the Fair Labor Standards Act (FLSA)?
Generally, any employer engaged in interstate commerce or with business in excess of $500,000 per year must conform to the FLSA. However, there can be exceptions to this rule. Attorney Reddy is well versed in employment law and can advise businesses about their proper relationships to the FLSA.
Which employees are protected by the FLSA?
The FLSA is intended to cover hourly employees, meaning that salaried employees are generally exempt from the law. However, Attorney Reddy warns, an employer does not decide arbitrarily which employees will be paid hourly or which will be paid a salary. The FLSA sets out strict guidelines based on job descriptions. Nor is an employer allowed to write a job description that may be considered exempt from the FLSA, but actually requires an employee to do different work defined as hourly labor.
What is the law regarding wages and hours?
The FLSA basic laws require employers to pay most hourly workers a minimum wage of not less than $5.85 per hour effective July 24, 2007; $6.55 per hour effective July 24, 2008; and $7.25 per hour effective July 24, 2009.
Wage and salary disputes in Atlanta and throughout Georgia will likely involve FLSA exemptions that apply to specific types of businesses or to specific kinds of work. In certain circumstances, an hourly employee may be paid less than minimum wage.
An employer cannot make deductions from wages for expenses including shortages in cash balances or merchandise inventory, employer-required uniforms, or tools of the trade if these deductions reduce wages below minimum wage or reduce overtime pay.
What employment practices are not regulated by the FLSA?
You may be surprised to learn that federal law does not cover many benefits most employers offer as a matter of course:
- Vacation, holiday, severance, or sick pay;
- Meal or rest periods, holidays or vacations;
- Premium pay for weekend or holiday work;
- Pay raises or fringe benefits; or
- Discharge notices, reasons for discharge, or immediate payment of final wages to terminated employees.
Also, for employees over 16 years old, the FLSA does not limit the number of hours in a day or days in a week an employee may be required or scheduled to work, including overtime hours.
How does the U.S. Department of Labor enforce the FLSA?
Willful violations of the law are prosecuted in criminal court. A business found to be in deliberate violation of the law can be fined up to $10,000. A second conviction may result in imprisonment.
Violations of youth employment provisions for workers under 16 years old are subject to civil money penalties of up to $11,000 for each minor employee who was the subject of a violation. Employers who violate FLSA minimum wage requirements face civil money penalties of up to $1,100 for each violation.
What can I do if my employer has not paid my proper wages?
Citizens may make complaints directly to the Department of Labor or through the Georgia State Department of Labor. It is possible that the Wage and Hour Division will prosecute or sue your employer and supervise payment of your back pay. However, The Reddy Law Firm of Atlanta strongly recommends that you talk to a knowledgeable wage and hour attorney first. K.P. Reddy makes sure his clients:
- Understand the law and do, in fact, have a legitimate complaint;
- Know how to establish and keep records of work hours, pay and so forth;
- Follow the proper procedures in making their complaints; and
- Understand the process and statutes limiting the time to file.
Process is important because employees cannot bring private lawsuits if they have accepted back wages under the supervision of the Wage and Hour Division or if the Secretary of Labor has already filed suit to recover the wages. There are also time constraints. A two-year statute of limitations applies to the recovery of back pay, except in cases of willful violation, which carry a three-year limit.
Otherwise, the law does allow employees to file private suits for back pay and equal amounts as liquidated damages, plus attorneys’ fees and court costs. You need a wage and hour attorney beside you from the beginning, because it can be notoriously difficult to file a complaint effectively thorough the Department of Labor. You also need to keep your options open for a private suit.
In 2008, following an extensive undercover investigation, the U.S. Government Accountability Office reported that the Department of Labor's system for receiving and responding to wage and hour complaints was ineffective and discouraging. An experienced wage and hour lawyer, K.P. Reddy can help you make your complaint effectively. Together, you can expose the illegal operations of your employer and get fair pay for your work. Attorney Reddy can see that you are protected, as the law requires, from being fired or facing discrimination because you have been brave enough to complain.
