Our Georgia Overtime & Minimum Wage Attorneys
The Georgia overtime lawyers at SMITH LAW have extensive experience in helping employees recover unpaid wages and overtime pay under the Fair Labor Standards Act of 1938, as amended.
SMITH LAW has successfully resolved single plaintiff and collective action cases involving, but not limited to:
- employees who have been improperly classified as exempt from overtime pay,
- employees who have been paid compensation time for all hours worked over forty in a workweek instead of one and one-half times their regular hourly rate of pay,
- employees who have been required to work “off the clock,”
- tipped employees (those who customarily and regularly receive more than $30.00 a month in tips) who have been required to share their tips with “non-tipped” employees such as cooks, janitors, and dishwashers,
- hourly employees who have only been paid their regular hourly rate of pay for their overtime hours,
- employees who have only been paid one and one-half times their regular hourly rate of pay for all hours worked over eighty hours in a two-week pay period, rather than one and one-half times their regular rate of pay for all hours worked over forty for each week of the two-week pay period,
- employees who have not been paid for meal and rest breaks of twenty minutes or less and for lunch breaks of thirty minutes or more when work was performed,
- employees who have not been paid for attending seminars, training conferences and “lunch-and-learns,” and
- employees who have not been paid for their on call hours.
Can I Get Overtime if I Am Paid a Salary?
The Atlanta wage and hour attorneys at SMITH LAW have extensive experience representing employees in misclassification cases. Many employees incorrectly believe that they are not entitled to overtime pay solely because they are paid a salary. Of course, many employers are only too happy to perpetuate this gross misconception. Whether an employee is entitled to overtime essentially depends upon the employee’s job duties. For example, salaried employees who perform sales and sales-related work from their employer’s office (or a home office) are entitled to be paid overtime for all hours worked over 40 in a week. By contrast, salaried employees who perform sales and sales-related work outside of their employer’s office (or a home office) — traveling salespersons — are not entitled to be paid overtime.
What if My Employer Says that I Am Exempt from Overtime Laws?
Moreover, job titles do not determine whether an employee is exempt or non-exempt from the overtime wage requirements of the FLSA. For example, a manager who does not have the authority to hire and fire employees is non-exempt and is entitled to be paid overtime, despite having a manager job title and being paid a salary. Similarly, a manager who has the authority to hire and fire employee, but who does not supervise two or more full-time employees (independent contractors and volunteers do not meet this test) is non-exempt and is entitled to be paid overtime, despite having a manager job title and being paid a salary. As you can see, a small difference in your job duties could mean a big difference in your pay check, which is why you should consult with the Atlanta overtime lawyers at SMITH LAW.
How Long Do I Have to File a Lawsuit for Unpaid Wages?
Under the FLSA, an employee has two years to file a lawsuit or three years if the employer’s violation of the FLSA was willful. An employee may recover both back wages and liquidated damages equal to the amount of the back wages award, as well as attorneys’ fees and court costs.
Contact Our Employment Attorneys for a Free Consultation
If you believe that your employer has violated the FLSA, the Georgia overtime lawyers at SMITH LAW can help you pursue all available legal remedies. Located in Gwinnett County, we serve clients in the Atlanta area and throughout Georgia. We welcome you to contact us today for a free consultation about how we can help you.