Fidlon Legal, PC HomeWage/Hour and Overtime
At Fidlon Legal, we represent employees across Atlanta and throughout Georgia in wage and hour disputes. The Fair Labor Standards Act (FLSA) and Georgia wage laws guarantee employees the right to a fair minimum wage and overtime pay for hours worked over 40 in a workweek. Yet violations are common - and they cost workers millions of dollars every year.
Our attorneys have extensive experience handling claims for unpaid overtime, minimum wage violations, and related wage theft cases. Whether you are an hourly worker, a salaried employee misclassified as exempt, or a tipped employee facing unfair practices, we can help you recover the pay you’ve earned.
Overview of the FLSAThe 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.
Common Wage and Hour Violations for Atlanta EmployeesEmployers in Atlanta and across Georgia use a variety of tactics to avoid paying full wages. Some of the most frequent violations we see include:
Unpaid Overtime- Misclassifying employees as “exempt” to avoid overtime obligations
- Paying a fixed salary without overtime, even when job duties do not qualify for an exemption
- Requiring employees to work off-the-clock, before clocking in, or after clocking out
- Automatic meal break deductions when employees work through lunch
- Failing to pay the federal minimum wage
- Making unlawful deductions from paychecks that reduce wages below minimum
- Misusing the tip credit by pooling tips with managers or non-tipped employees
- Misclassifying employees as independent contractors
- Refusing to pay final wages after termination
- Falsifying or failing to keep accurate time records
Most employees in Georgia are covered by the FLSA. However, some positions are “exempt” from overtime requirements if they meet certain tests regarding their job duties and are paid on a salary basis at least $684 per week. But see Legal Update - DOL Final Rule Increasing Minimum Salary Thresholds for Overtime Exemptions. Common exemptions include:
- Executive, administrative, and professional employees who meet specific tests
- Certain computer professionals
- Outside sales employees
Employers often misuse these exemptions to deny overtime. Just because you are paid a salary or given a management title does not automatically make you exempt.
Damages You Can RecoverIf 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
- Free Case Evaluation - We review your job duties, pay records, and potential claims.
- Investigation – We gather evidence, including timesheets, pay stubs, and witness testimony.
- Demand & Negotiation – We pursue an early resolution where possible.
- Litigation – If necessary, we file suit in federal or state court.
- Resolution – We work to recover the maximum compensation available under the law.
- $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.
As leading Atlanta wage/hour and overtime lawyers, our team has a proven track record of enforcing federal and Georgia wage and hour protections. These representative cases demonstrate our success in handling unpaid overtime, FLSA misclassification, off-the-clock work disputes, and collective actions—helping employees across the Atlanta metro area and throughout Georgia secure the pay they rightfully earned.
(Prior results do not guarantee future outcomes, but they illustrate our dedication to fighting wage theft.)
Frequently Asked QuestionsGeorgia’s state minimum wage is $5.15, but because most employees are covered by federal law, the applicable rate is the federal minimum of $7.25 per hour.
Yes. You can pursue claims even after leaving a job, as long as you act within the statute of limitations.
Generally two years, or three years for willful violations.
Being salaried does not automatically make you exempt. Your actual job duties and salary level determine whether you are entitled to overtime.
No. We typically handle wage/hour cases on a contingency basis - you owe no fees unless we recover compensation for you.
Wage and hour violations can significantly impact your livelihood. If you suspect you’ve been denied minimum wage or overtime pay, don’t wait. Contact the Atlanta wage/hour and overtime lawyers at Fidlon Legal today for a confidential free case evaluation.
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