Atlanta Unpaid Overtime Lawyer

Many employers rein in spending by curtailing overtime. Under federal and state laws, most workers are entitled to time-and-a-half pay for all hours worked over 40 in a regular work week. You may want to work overtime, but your employer does not authorize extra hours. That is the only legal way for them to avoid paying it. When you are authorized to work extra hours and are not paid accordingly, your employer commits wage theft.

Mitchell Feldman and Feldman Legal Group employment attorneys dedicate our time to righting labor law violations. We understand that you work hard for your paycheck, and the power dynamics do not favor you. We can mediate your dispute with your employer or represent you in court for a suitable damages award. When you need us, an Atlanta unpaid overtime lawyer is ready to advocate for you.

The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) has been protecting American workers since its enactment in 1938. The legislation is the foundation of labor law, ensuring workers are paid fairly and working conditions are satisfactory. This federal law established and now regulates minimum wage, child labor standards, and eligibility for overtime pay. The laws have evolved and some exempt categories are now eligible for overtime, such as salaried workers who are paid below an income threshold as of July 1, 2024. The FLSA applies to government and private sector workers as well as part-time and full-time workers. An attorney in Atlanta could explain how this law applies to an unpaid overtime case.

FLSA Penalties for Willful Conduct

FLSA investigations for employer overtime violations come with steep penalties when employers repeatedly or purposely flaunt the rules. Civil penalties for a federal finding are up to $1,000 per violation and a fine of up to $10,000. Criminal charges can also be brought with imprisonment after a second violation. Georgia imposes a maximum fine of $10,000 when an employer purposely misclassifies an employee to avoid paying overtime.

How Wage Theft Works

Employers can be creative in their bid to preserve profits by underpaying employees. One of the most damaging acts is to misclassify employees as independent contractor, a classification that is not protected under the FLSA, so its members are not entitled to overtime pay. Employees work at the behest of their employers and usually use the resources provided at work. Independent contractors generally set their own rules for how a project will be accomplished and are considered their own bosses. They contract for a price to do a job, and no taxes are withheld or benefits paid. The problem is that misclassified employees are not credited with their full Social Security at retirement when an employer does not report it. Other ways employers violate overtime rules include:

• Adjusting an employee’s hours so they total 80 in a two-week period even though the employee worked 50 in one workweek
• Asking employees to sign waivers to overtime pay
• Telling employees they are not entitled to overtime because they should have finished their work in 40 hours
• Exchanging comp time for overtime pay but figuring comp time at regular pay instead of time-and-a-half
• Putting an employee on a salary, although the new laws now make many salaried employees eligible for overtime pay

The Atlanta unpaid overtime lawyers at Mitchell Felman Legal Group hold unscrupulous employers responsible when they stall or refuse to pay fair overtime. We help employees file FLSA complaints and represent them in lawsuits seeking back pay, liquidated damages, and, in many cases, additional fines.

An Atlanta Unpaid Overtime Attorney Protects Workers’ Rights

You are not expected to know the ins and outs of the FLSA and state labor law, but your attorney is. For example, if you are salaried, you may only know that salaried employees have been exempt from overtime pay, but they are not anymore.

If your employer is ruthless enough to refuse to pay you the overtime you earned, do not try to convince them yourself. An Atlanta unpaid overtime lawyer from Feldman Legal Group will do it for you. We also represent clients in labor hearings, and we sue shady employers who short your pay. Call for a consultation now.