Fidlon Legal, PC HomeCollective Actions
When employers violate wage and hour laws, they often affect many workers - not just one. If your employer failed to pay overtime or minimum wages, you may be able to join or start a collective action lawsuit under the Fair Labor Standards Act (FLSA).
Fidlon Legal represents employees in metro Atlanta and across Georgia in FLSA collective actions for unpaid overtime, minimum wage violations, off-the-clock work, tip theft and misclassification. Our attorneys help groups of workers recover the wages they earned and the legal damages they deserve.
What Is a Collective Action?A collective action is a type of lawsuit under the FLSA that allows multiple employees to pursue unpaid overtime and minimum wage claims together. Unlike a traditional class action, employees must affirmatively opt in to participate.
Collective actions are a powerful tool for employees. They allow workers to pool resources, increase bargaining power, and pursue unpaid wages that may be too small to justify an individual lawsuit.
Why Collective Actions Matter in Georgia WorkplacesMany industries in Georgia - from restaurants and hotels to warehouses, call centers, healthcare, and construction - rely on large numbers of workers paid hourly or through tips. When employers commit wage violations, they often affect entire groups of employees in the same way.
Common scenarios where collective actions arise include:
- Paying a flat salary to avoid overtime
- Requiring off-the-clock work
- Misclassifying workers as exempt managers
- Misuse of the tip credit or illegal tip pooling in restaurants
- Automatic meal break deductions without allowing employees to take breaks
- Independent contractor misclassification
In each case, employees across Atlanta and Georgia may have identical wage claims suitable for a collective action.
The Benefits of Filing a Collective ActionJoining together with co-workers under the FLSA offers several advantages:
- Strength in numbers - Multiple employees can hold an employer accountable more effectively.
- Lower costs - Legal expenses are shared among the group.
- Efficiency - Courts can decide common issues in one proceeding instead of many separate lawsuits.
- Leverage - Employers often settle collective actions to avoid the risk of larger judgments.
For many Atlanta employees, collective actions are the most practical way to recover unpaid wages.
Who Can Join an FLSA Collective Action?You may qualify if:
- You regularly worked over 40 hours per week without overtime pay
- You were paid a salary but performed non-exempt duties
- You were classified as an independent contractor but worked like an employee
- You were required to work off the clock
- Your employer had uniform pay policies affecting multiple workers
Even if you are no longer employed by the company, you may still be eligible.
Georgia Collective Action Cases We HandleFidlon Legal represents groups of workers in many industries, including the following, which are common in metro Atlanta:
- Hospitality (restaurants, hotels, catering services)
- Healthcare facilities (nurses, aides, technicians)
- Logistics and transportation (warehouses, delivery drivers, trucking companies)
- Retail and call centers (commissioned sales staff, hourly workers)
- Construction and trades (day laborers and skilled trades misclassified as independent contractors)
With many large employers headquartered in Atlanta and across Georgia, collective actions play a key role in holding companies accountable for systemic wage violations.
What Can You Recover in a Collective Action?Employees who succeed in an FLSA collective action may recover:
- Back wages for unpaid minimum wage or overtime
- Liquidated damages (an equal amount, effectively doubling recovery)
- Attorney’s fees and court costs
- Up to 3 years of back pay if the employer’s violations were willful
- Initial Case Evaluation - We review pay practices, policies, and time records.
- Filing the lawsuit - One or more employees (the “named plaintiffs”) file a complaint in federal court alleging wage violations.
- Conditional certification - The court decides whether the case can proceed as a collective action and authorizes notice to potential plaintiffs.
- Employee opt-in - Other affected employees may join the case by signing a consent form.
- Discovery and litigation - Both sides exchange evidence about pay practices, policies, and hours worked.
- Trial or settlement - The case is resolved through judgment or settlement, with damages awarded to employees who opted in.
- Focused experience in FLSA and wage-and-hour law
- Strategic approach to maximizing group recoveries
- Hands-on attorney involvement, not just staff handling
- Transparent communication and realistic case assessments
A class action automatically includes all affected employees unless they opt out. In an FLSA collective action, workers must affirmatively opt in to join the case.
No. At Fidlon Legal, we handle these cases on a contingency fee basis, so there are no fees unless we win. The FLSA allows successful plaintiffs to recover their attorneys’ fees and costs from the employer.
The statute of limitations is generally 2 years, or 3 years if the employer’s violations were willful. Importantly, the clock stops only when you file your own consent to join.
No. Retaliation is strictly prohibited under the FLSA, and employees who suffer retaliation may bring additional claims.
If you and your co-workers believe you’ve been denied minimum wage or overtime pay, you may have the right to bring a collective action under the FLSA. Contact the Atlanta wage and hour lawyers at Fidlon Legal today for a confidential free case evaluation. We’ll review your situation, explain your rights, and discuss whether a collective action is the right strategy to recover the pay you’ve earned.
