Atlanta Minimum Wage Attorneys Skilled in Applying Laws Protecting Rightful Income
Knowledgeable counselors advise on minimum wage laws
The amount an employer must pay as minimum wage depends on several factors. The Fair Labor Standards Law (FLSA) mandates a minimum wage that is currently set as $7.25 per hour, while Georgia state law requires only $5.15 per hour. To qualify for the federal minimum wage or overtime pay, an employee must either participate individually in interstate commerce or work for an employer that
- Makes at least $500,000 a year in sales, and
- Handles goods or materials that have moved through interstate commerce
Otherwise, a company only needs to pay the employee the state minimum wage. The rules for employees compensated in part on tips is also different in each case. Under the FLSA, employers are only required to pay $2.13 per hour to workers who receive tips, but if those tips when added to wages do not amount to $7.25 per hour, the employer must make up the difference.
Some employees may be entitled to less than the full amount under the FLSA. These include:
- Commissioned salespeople
- Certain persons who work in transportation
- Certain farmworkers
- Seasonal workers
- Newspaper deliverers
- Workers less than 20 years old for the first 90 days (when they are only paid $4.25 per hour)
- Certain full-time students (who are only entitled to 85 percent of the usual minimum wage)
How an employer may violate minimum wage laws
Employers may face charges of minimum wage violations for such actions as:
- Applying state law when the company is covered by the FLSA
- Misclassifying an employee as an independent contractor or as a type of employee not entitled to a full minimum wage
- Failing to make up for deficient tips
- Making excessive paycheck deductions
Such claims must be made within either two or three years after the work is performed, depending on circumstances.
Our experience as labor and employment lawyers regularly dealing with wage and hour issues gives us an edge when representing employers or employees in minimum wage disputes. Whichever side we’re on, we have the knowledge and skill needed to vindicate our clients’ rights.
Contact a Georgia employment lawyer for a minimum wage claim
When employers fail to abide by a federal or state minimum wage, we can hold them accountable and seek remedies for our clients. Call DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC at 470-443-0524 or contact us online to arrange for a consultation. Our Atlanta office has convenient on and off-street parking and is ADA accessible.