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Every worker in Atlanta and across Georgia deserves to be paid fairly. The Fair Labor Standards Act (FLSA) sets the federal minimum wage at $7.25 per hour, and this rate applies to most employees in Georgia. Unfortunately, some employers fail to follow the law - whether through misclassification, improper deductions, or simply refusing to pay what workers are owed.
When that happens, employees have the right to bring a minimum wage claim to recover unpaid wages, double damages, attorney’s fees, and interest.
Georgia Minimum Wage vs. Federal Minimum WageGeorgia’s state minimum wage is $5.15 per hour - but it only applies to a very small group of workers not covered by the FLSA.
For almost all employees in Atlanta, Fulton County, DeKalb County, Cobb County, Gwinnett County, and throughout Georgia, the controlling law is the federal minimum wage of $7.25/hour.
If you are being paid less than $7.25/hour (before tips, deductions, or expenses), you may have a valid minimum wage claim.
Common Situations Leading to Minimum Wage ClaimsWorkers often don’t realize they have a case until they talk with an attorney. Some of the most common violations we see in Georgia include:
- Off-the-clock work - Employers requiring work before or after shifts without pay.
- Tipped employee violations - Servers, bartenders, and other tipped workers paid less than $2.13/hour without tips covering the gap to $7.25/hour.
- Domestic workers - Home health aides or nannies who live in or work extended hours, but are paid a fixed daily rate or salary, which equates to less than minimum wage.
- Improper deductions - Charges for uniforms, tools, or meals that reduce pay below minimum wage.
- Misclassification - Workers labeled as “independent contractors” or “salaried exempt” to avoid paying minimum wage.
- Day rate or piece rate pay - Workers whose pay structure results in an hourly rate below $7.25 when actual hours are considered.
If any of these apply to you, you may be entitled to recover substantial money damages through a minimum wage claim.
Remedies Available in Minimum Wage ClaimsEmployees who successfully bring a minimum wage claim under the FLSA may recover:
- Back pay for all unpaid minimum wages
- Liquidated damages, which double the amount owed
- Attorney’s fees and court costs
- Protection from employer retaliation for asserting wage rights
For willful violations, employees can recover up to three years of back wages instead of two.
Minimum Wage Claims Process in Atlanta and Georgia- Case Evaluation - Our lawyers analyze your pay records, time sheets, and classification to determine violations.
- Demand or Filing - We often begin with a demand letter to the employer. If necessary, we file a claim in court or with the Department of Labor.
- Resolution - Many claims are resolved through settlement, but we are prepared to take your case to trial if necessary.
- Recovery - If successful, you may receive back pay, double damages, legal fees, and interest.
- Deep experience handling FLSA wage and hour cases
- Proven track record of recovering unpaid wages for Georgia workers
- Local insight into Atlanta courts, judges, and employers
- Strong advocacy for both individual workers and groups in collective actions
- We also advise employers on compliance and represent businesses in DOL investigations to prevent costly claims and negotiate fair settlements.
Georgia’s state minimum wage is $5.15/hour, but it does not apply to most workers. Instead, the federal minimum wage of $7.25/hour governs almost all employees in Atlanta and across Georgia.
Nearly all non-exempt employees are covered by the Fair Labor Standards Act (FLSA). Exemptions are narrow and typically apply to certain salaried executive, administrative, or professional employees.
If your cash wages and (if applicable) tips do not bring you to at least $7.25/hour, your employer must make up the difference. If they do not, you may have a valid minimum wage claim.
Yes. Employers may pay tipped employees as little as $2.13/hour in direct wages, but only if tips consistently bring the worker’s total pay to at least $7.25/hour. If tips fall short, the employer must cover the gap.
Deductions are allowed only if they do not reduce your wages below the federal minimum wage. If deductions leave you earning less than $7.25/hour, that may violate the FLSA.
Employers sometimes use alternative pay structures, but regardless of method, your average pay per hour must equal at least $7.25/hour. Otherwise, you may have a claim.
You generally have 2 years to file a claim under the FLSA, or 3 years if the employer’s violation was willful.
You may be entitled to:
- Back wages for unpaid minimum wages
- Liquidated damages (an additional amount equal to unpaid wages, effectively doubling recovery)
- Attorney’s fees and costs
No. Retaliation for asserting your rights under the FLSA is illegal. If you are fired, demoted, or otherwise punished for pursuing a claim, you may be entitled to additional damages.
No. You can file a claim individually, but if multiple employees are affected by the same practice, a collective action may be appropriate.
If you suspect your employer has failed to pay you fairly, don’t wait. Minimum wage violations are common, but the law is on your side.
Contact the top Atlanta minimum wage attorneys at Fidlon Legal today for a confidential free case evaluation. We’ll explain your rights, evaluate your case, and fight to recover every dollar you’ve earned.
