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Overtime and Wage & Hour Law

Protecting Your Rights Under the Fair Labor Standards Act

Holding employers accountable for breaches of overtime, wage, and hour laws throughout Atlanta

During the early decades of the 20th century, employers could demand unlimited hours, pay unconscionable wages, and employ young children to perform dangerous tasks. Employers often stiffed their employees of the money they were promised and then fired them if they complained. Thankfully, the Fair Labor Standards Act of 1938 (FLSA) changed these brutal conditions for American workers. The landmark legislation and its amendments set rules regarding minimum wage, overtime pay, hours of work and restrictions on child labor. It also forbade employers from retaliating against workers who complained about these issues.

AtDeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC, we help you exercise your rights under the FLSA. Because our firm focuses solely on employment law, we have the experience and knowledge to handle the most challenging wage, hour and overtime issues. Our attorneys deal regularly with the Atlanta office of the U.S. Department of Labor’s Wage and Hour Division, and we have streamlined the process for achieving justice so that you receive the compensation you deserve as quickly as possible.

Employees protected by FLSA

FLSA regulations protect more than 130 million workers in the United States. Whether or not you are covered by the FLSA is not a simple question to answer. The regulations include a variety of criteria and numerous exemptions — for example, certain professionals, executives, agricultural workers and seasonal employees are exempt from the regulations. Furthermore, you may be considered an exempt employee one week and nonexempt the next if your duties regularly change. Also, special rules apply to specified agencies such as federal, state and local government employees. Our attorneys conduct an in-depth analysis of your employment situation and job duties to determine whether you are protected by the FLSA.

In most cases, you cannot waive your FLSA rights, nor can a union usually waive them on your behalf. An employment contract that included terms that violate the FLSA would likely be found invalid.

How overtime is paid

The FLSA sets the standard workweek at 40 hours. Typically, the law requires employers to pay nonexempt employees at a rate of one and one-half times the amount of regular hourly pay for each hour of work above 40 hours. Exceptions to this rule apply to police, firefighters, hospital and nursing home employees, and other types of positions specified by the FLSA.

What are my options if my employer has not paid me my correct wages?

When you notice your paycheck falls short of the wages you earned, take action immediately. The law imposes a strict statute of limitation on initiating actions for unpaid wages. Typically, you have only two years to recover the amount you are owed unless you can demonstrate that your employer withheld your wages willfully. In that case, you have only three years.

Our employment law attorneys can help you exercise your options for recovering unpaid wages. We provide the following comprehensive services:

  • Evaluating whether you have a claim
  • Collecting and organizing important evidence to prove your claim and calculate accurate damages
  • Filing a complaint with the Wage and Hour Division of the U.S. Department of Labor, if it is in your best interests to do so
  • Suing your employer for back wages, if this is appropriate in your case
  • Taking immediate action if your employer retaliates against you
  • Recovering your unpaid wages, liquidated damages, costs and attorneys’ fees

Get the wages you are owed for your hard work

When you need legal help to fight for your wages, call DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC at 470-443-0524 or contact us online. We offer free telephone consultations. Our office has free parking available and is ADA accessible.

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