Atlanta Wage And Hour Claims Attorney
Anytime you don’t receive money that you are entitled to because your employer is withholding it from you, especially for reasons perceived as unfair, it can be incredibly frustrating. For many people, not receiving the money they are owed means the difference between being able to feed their families or going hungry. At Williams Oinonen LLC, we will do everything in our power to ensure you receive the compensation you are entitled to. Whether this is your regular pay, overtime pay, or other compensation that you’ve earned, we can help. Our wage and hour claims lawyers will always keep you updated about your case, so you’ll never have to wonder what’s going on. Contact a lawyer from our firm today for a consultation by filling out our online form or calling (404) 654-0288.
Why You Need an Atlanta Wage and Hour Claims Attorney
Anytime an employer intentionally violates laws regarding your legitimate earnings, you should contact an Atlanta wage and hour claims attorney. If your boss is willing to go to these lengths to avoid giving you what is rightfully yours, it’s unlikely that they will change their mind simply because you speak with them about it. Once you hire a lawyer, they will know how serious you are. An experienced attorney can talk to you and walk you through the process of speaking with your employer and then filing a wage claim if necessary. Additionally, you might not even know if your employer is violating your rights. Speaking with a lawyer can help you understand the laws relating to your compensation, and this can help you ensure that you receive what you’re entitled to.
Federal and State Laws
It’s important to understand that there are both federal and state laws that protect your right to collect the compensation that is owed to you. When you contact an experienced attorney, they will be able to assist you in determining which protection is applicable to your situation, and what the best approach will be in order to obtain your owed compensation.
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is the federal law that governs several aspects of labor laws. The two main provisions include the minimum wage provision and the overtime provision. Currently, the federal minimum wage is $7.25 per hour. The FLSA applies to all employers who meet one of the following requirements:
- The company’s annual sales total $500,000 or more.
- The company is engaged in interstate commerce.
Fortunately for employees, the courts have interpreted interstate commerce very broadly in this regard. Any company that regularly sends or receives mail to and from other states in the U.S. is engaged in interstate commerce. In some cases, courts have even ruled that simply placing phone calls to a different state requires a company to comply with the FLSA. This means even small companies are generally required to comply with the Fair Labor Standards Act.
Georgia State Law
In the state of Georgia, the minimum wage is $5.15 per hour. Fortunately, almost all employers must comply with the Fair Labor Standards Act, which will effectively override any Georgia state wage laws. Some states provide more protection for workers than the FLSA, but Georgia generally provides less.
The state of Georgia does not have any of its own overtime laws, so anyone working in Georgia should look to the Fair Labor Standards Act for the legal overtime rules. To be entitled to overtime pay, your employer must be required to comply with FLSA, and you must be a non-exempt employee.
Employees must receive overtime pay for any hours they work in excess of 40 hours in one week. The overtime rate is 1.5 of an employee’s regular rate. For example, if you work 50 hours in one week and make $16 per hour, you are entitled to $16 per hour for the first 40 hours and then $24 per hour for the 10 hours of overtime.
Under the FLSA, there are three main exemptions. If you fall into one of those categories, you are not entitled to overtime pay.
Executive employees are considered exempt from overtime. If you meet the following requirements, you are considered an executive:
- You manage other employees as your primary duty.
- You direct the work of at least 2 full-time employees.
- You have the authority to hire, fire, promote, demote, and take other disciplinary actions.
- You earn at least $445 per week.
If you meet the following requirements, you are considered an administrative employee, and you are exempt from earning overtime:
- You primarily perform office or non-manual work directly for the company management or administration.
- You are permitted to use your discretion in the course of your work.
- You earn at least $445 per week.
If you meet the following requirements, you are considered a professional employee, and you are exempt from earning overtime:
- You engage in work that requires invention, imagination, originality, or talent in a recognized creative field, such as music, acting, writing, and the arts.
- You perform work that requires advanced knowledge. This type of work usually requires prolonged schooling, such as law, medicine, theology, accounting, teaching, and more.
- You earn at least $445 per week. However, some professionals do not have to meet this requirement, such as teachers, doctors, lawyers, and others.
There are other exemptions, so if you’re unsure if you qualify for overtime pay, you should contact an experienced attorney as soon as possible.
Williams Oinonen LLC Will Help You Recover What’s Yours
The laws and regulations surrounding salary and overtime pay are complicated. We work tirelessly for our clients to ensure they receive the compensation they are due from their employer as required by state or federal statutes. Whether you work as an hourly employee or a salaried employee, we can help you understand your rights and ensure that you receive everything you earned. We understand how complex wage and hour claims can be, so having an experienced attorney is crucial. We also know how emotionally draining it can be to have your legally earned wages withheld from you. Our Atlanta wage and hour claims attorneys will do everything in our power to make this situation as easy as possible to manage. Contact us today for a consultation by filling out our online form or calling (404) 654-0288.