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Unpaid Wage Claim FAQs

Your advocates when employers withhold your earnings

Many workers have trouble getting properly paid. Frequently, the fault is poor management or recordkeeping, and with perseverance, the worker gets satisfaction. But often there’s something more sinister at work: a deliberate attempt to skirt the law and profit unjustly from the worker’s labor. This is especially problematic when a worker has left a company’s employ and is still owed money. At DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC, we provide aggressive representation for workers who’ve been shorted on their earnings. Read through these frequently asked questions to learn more:

If you think you have a claim for unpaid wages, see us for a free consultation.

Contact our Atlanta employment lawyers to claim your unpaid wages

If you are due wages from your employer, attorneys at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC can help. We take decisive steps to collect your unpaid wages and obtain additional compensation when appropriate. To schedule a free consultation, call our Atlanta office at 470-443-0524 or contact us online.


What is the difference between the state minimum wage and the federal minimum?

In Georgia, the state minimum wage is $5.15 an hour, but businesses that fall under the Fair Labor Standards Act must pay the federal minimum wage of $7.25 an hour. If your employer falls under FLSA, but has only paid you the Georgia minimum wage, you can make a claim for the difference and may even be eligible for additional compensation as damages.

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Can my employer pay me less than the state minimum wage?

Certain businesses are allowed to pay less than the Georgia minimum wage. These include companies with sales of $40,000 per year or less; companies with five employees or fewer; employers of domestic workers; farm owners; employers whose workers earn gratuities. Certain employees, such as high school and college students, can legally earn less than the Georgia minimum wage.

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Are employers allowed to deduct a share of employees’ tips?

No. Tips are entirely the property of the employees. Employers can require workers to pool tips or to tip out to other workers. However, tips can only be shared among employees who regularly receive tips. Requiring a food server to tip a cook, dishwasher or manager is prohibited, and destroy the tip credit allowance.

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Does Georgia require that businesses give employees their final paycheck on their last day of work?

Georgia has no law requiring an employer to pay the balance of an employee’s earnings on the employee’s last day of work. Depending on when you quit or are fired, you may have to wait for one or more pay cycles to get paid in full. If your employer does not provide your back pay as scheduled, you may have to seek assistance from the Georgia Department of Labor or an employment lawyer.

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