How to Respond to Unpaid Work in Georgia
Unpaid work may start off rather innocently. Perhaps your boss asked you to file something away on your way out of work. Over a period of time, though, you are being asked to do more and more while you are off-the-clock. Maybe your employer is asking you to stay for an hour or more after work, or requiring you to work through your lunch break.
In Georgia, it is against the law for employers to require employees to work without being provided proper compensation. This is a violation of many state and federal laws, specifically the Fair Labor Standards Act (FLSA). If you have not been receiving full pay for all work completed, our Atlanta wage and hour dispute attorney explains the steps to take.
Document Unpaid Work
One of the first steps to take is to document any unpaid work. Keep a personal journal of the exact start and end time of unpaid work, the specific tasks you performed, and the name of the supervisor who instructed the unpaid work.
It is also important to collect evidence that proves unpaid work. This may include time-stamped text messages or emails regarding the unpaid work, records of when you logged in and logged out of a computer or time clock, and security badge logs. If there are co-workers who know of the unpaid work, their testimony can also strengthen your case.
File a Complaint with the Department of Labor
You can also file a complaint with the U.S. Department of Labor’s Wage and Hour Division. The Division will investigate your claim of unpaid wages and work performed while you were off-the-clock. If their investigation finds that your employer did not pay you proper compensation, they will likely have to pay you back wages, including any overtime you worked. The Department of Labor also has the authority to penalize employers who engage in the unlawful practice of unpaid wages.
File a Lawsuit
After filing a complaint with the Department of Labor (DOL), you can file a lawsuit against your employer to recover back pay, double damages, and your legal fees. While you cannot recover the same wages twice, a lawsuit can help you recover full damages if the DOL’s investigation is slow or unsuccessful. Under the FLSA, you may also be able to recover double your unpaid wages. Your employer is prohibited from retaliating against you by firing or demoting you or lowering your wages after you file a lawsuit against them.
Contact Our Wage and Hour Dispute Attorney in Atlanta
Navigating a claim for unpaid work off the clock can be complicated. It is critical to first speak to an Atlanta wage and hour dispute attorney who can help you understand your rights and legal options. At The Forsythe Law Firm, LLC, our experienced attorney can guide you through the process, ensure you receive the necessary compensation for completed work and help you obtain the best possible outcome. Call us today at 404-476-2717 or contact us online to schedule a consultation and to learn more about your legal options.
Sources:
dol.gov/agencies/whd/contact/complaints
dol.gov/agencies/whd/flsa
