Wage/Hour and Overtime

If your employer failed to pay you overtime or misclassified you as exempt, Fidlon Legal can help. We represent employees across metro Atlanta in unpaid overtime, and wage/hour disputes. Our experienced Atlanta overtime lawyers fight to recover unpaid wages, liquidated damages, and attorney’s fees for hardworking employees.

We handle cases involving off-the-clock work, misclassification, tipped employees, salaried workers who were actually non-exempt, and complex collective actions under the Fair Labor Standards Act (FLSA). Schedule a free case evaluation today to understand your legal options.

Fidlon Legal focuses exclusively on labor and employment law. Our attorneys combine deep knowledge of Georgia wage laws with federal protections under the FLSA to maximize recoveries for employees.

We represent individuals and groups in Atlanta, Fulton, DeKalb, Gwinnett, Cobb, Clayton, and surrounding counties. Our clients benefit from:

• Experienced guidance on wage/hour and unpaid overtime claims
• Contingency-fee representation - no fees unless you recover
• Detailed investigation of hours worked, employer policies, and misclassification
• Aggressive negotiation and litigation when necessary
• Clear communication and responsive service throughout the process

The FLSA is the federal law that sets nationwide standards for:

• Minimum Wage - Currently $7.25 per hour under federal law. Georgia’s minimum wage is lower, but most employees are covered by the FLSA rate. Tipped employees may be paid as little as $2.13 per hour if that amount plus the tips received equal at least the federal minimum wage.
• Overtime Pay - Non-exempt employees must receive time and a half their regular hourly rate for all hours worked over 40 in a workweek.
• Recordkeeping Requirements - Employers must keep accurate records of hours worked and wages paid.
• Child Labor Protections - Restrictions on hours and types of work for minors.

The FLSA does not, however, require severance pay, sick leave, vacations, or holidays, and it does not address break times or maximum working hours.

Overtime eligibility generally depends on employee classification:

• Hourly employees - Most non-exempt hourly workers are entitled to time-and-a-half for hours over 40.
• Salaried employees - Some salaried employees are misclassified as “exempt” from overtime. To be exempt, the employee must be paid on a salary basis at least $684 per week and perform exempt duties. But see Legal Update - DOL Final Rule Increasing Minimum Salary Thresholds for Overtime Exemptions.
• Tipped employees - Tip credits and tip pooling rules must comply with federal and state law. Improper policies can result in lost wages.
• Independent contractors - Workers incorrectly labeled as contractors may be entitled to employee protections, including overtime pay.

If you are unsure whether your job classification affects your eligibility, the Atlanta overtime lawyers at Fidlon Legal can review your work duties and pay structure to determine your rights.

Employers in Atlanta and across Georgia use a variety of tactics to deny employees the overtime pay they deserve. Some of the most frequent violations we see include:

• Off-the-Clock Work - Employees may be required to perform work before or after clocking in for their scheduled shifts, such as preparing tools, cleaning up, attending mandatory meetings, or donning and doffing uniforms. Another common violation is to automatically deduct daily meal breaks, even when the employee works through lunch. Fidlon Legal ensures all hours worked are counted toward overtime.
• Misclassification of Employees - Some employers misclassify employees as exempt salaried or independent contractors to avoid paying overtime. We investigate job duties, pay structures, and employer policies to identify misclassification.
• Minimum Wage Violations - Common violations including failing to pay hourly employees at least the federal minimum wage ($7.25 per hour), or making unlawful deductions that reduce wages below the minimum. Additionally, if you are paid a flat daily or piece rate per job, you may be entitled to additional wages if, on an hourly basis, your equivalent pay rate falls below the minimum.
• Tip Theft - Restaurants, bars, and hospitality businesses sometimes misapply tip credits, require illegal tip pools, or pocket tips. We protect tipped employees by ensuring tip credit laws are followed.

If your employer violated wage/hour laws, you may be entitled to:

• Unpaid wages (back pay)
• Overtime premiums for hours over 40
• Liquidated damages (doubling the amount owed)
• Attorney’s fees and costs paid by the employer
• Protection from retaliation if you assert your rights

1. Free Case Evaluation - Submit an intake form or call us. We review pay stubs, schedules, and employer policies.
2. Investigation - We collect evidence including time records, job descriptions, and witness statements.
3. Demand and Negotiation - We present a settlement demand and negotiate on your behalf.
4. Litigation or Collective Action - If necessary, we file suit individually or as a collective (FLSA) action.
5. Resolution - We work to recover the maximum compensation available under the law.

We guide you through the process and provide a realistic assessment of outcomes.

As leading Atlanta overtime lawyers, our team has a proven track record of enforcing federal and Georgia wage and hour protections. We have handled hundreds of individual and collective action wage/hour cases involving unpaid overtime, FLSA misclassification, minimum wage violations, and off-the-clock work disputes - helping employees across the Atlanta metro area and throughout Georgia secure the pay they rightfully earned. Some representative unpaid overtime cases we have handled include:

• $2.98M FLSA Class Action Win - Financial Services Firm
  Represented a nationwide class of associate portfolio managers and similar roles misclassified as exempt from overtime. Employees regularly worked over 40 hours per week performing clerical duties without proper pay, resulting in a $2.98 million settlement. Read more about this important victory for employees.
• $131K Recovery - Home Health Aide
  Secured unpaid overtime and minimum wage compensation for a home health aide in the Atlanta metro area who was improperly paid a flat daily rate.
• $99K Settlement - Title Pawn Coordinators
  Represented six Metro Atlanta employees misclassified as exempt from overtime, recovering back pay under the FLSA for all overtime hours worked.

(Prior results do not guarantee future outcomes, but they illustrate our dedication to fighting wage theft.)

Ready to see if you qualify for unpaid overtime or wage recovery? Contact the Atlanta wage/hour and overtime lawyers at Fidlon Legal today for a confidential free case evaluation.

Overtime Pay Claims
Overtime Eligibility and Misclassification Issues
Minimum Wage Claims
Off-the-Clock Violations
Tipped Employees
Independent Contractor vs. Employee Status Under the FLSA
Collective Actions

Legal Update - DOL Rule Increasing Minimum Salary Thresholds for Overtime Exemptions