Sue Employer for Unpaid Wages in Georgia

Under both federal and Georgia labor laws, a worker who has not been paid the wages they are owed by their employer may bring a legal action to recover the unpaid wages they are owed. Workers in Georgia have a right to receive fair wages that are paid promptly and accurately under the federal Fair Labor Standards Act (FLSA) and state law in Georgia.

Employers who violate these laws may be liable to pay their employees their unpaid wages, an amount for damages, and attorney’s fees. In addition, a person who has the authority to make decisions about an employer’s payment of wages may be personally liable for any violation and can be sued to recover unpaid wages and other damages as provided by federal law.

A worker may recover wages they are owed by their employer as follows:

• A Federal Claim for Unpaid Wages: A person may submit a claim for unpaid wages to the Wage and Hour Division of the federal Department of Labor. A claim might involve hourly wages as well as unpaid overtime pay to which a person is entitled under federal wage laws.
  • In addition, an employer who violates the FLSA may have to pay the employee not only their unpaid wages but also liquidated damages in an amount equal to 200% of the unpaid wages.
• Lawsuit for Unpaid Wages: A person may file a lawsuit to recover unpaid wages in a Georgia civil court.

If a person’s employer has not paid them all of the wages they have earned, as noted above, a person can file a claim with the Wage and Hour Division of the U.S. Department of Labor or file a lawsuit in a state civil court.

Georgia labor laws do not establish any state enforcement process in Georgia other than filing a lawsuit in court. There is no state agency with which a person who has not been paid the wages they are owed may file a claim. A person must turn to the federal Department of Labor if they do not want to sue their employer in a court of law.

The federal Department of Labor’s Wage and Hour Division may investigate a person’s claim. If it finds that an employer has violated federal wage and hour laws, it may arrange payment of any wages the person is owed. Or it may file a lawsuit against the employer on behalf of the employee, although this is not common. A local Georgia lawyer would be able to explain more about a person’s legal options.

A person who is a salaried employee with an employment contract would be able to file an employment complaint against their employer in a Georgia civil court for breach of contract if their employer does not pay them what they owe under their contract.

It is also possible that a person can claim not only pay but also any other benefits they were promised, such as room and board, clothing, e.g., uniforms, vacation pay, and sick pay, if an employer has not provided the benefits⁠.

It is against the law for Georgia employers to pay employees less than the federal hourly minimum wage. Also, an employer owes their employee all of the wages they have earned per any employment contract they may have. Employers also owe employees overtime pay as required by federal law.

What Should I Do if My Employer Has Not Paid Me?

If an employer fails to pay an employee, the employee may recover the full amount of money they are owed in a claim or lawsuit, as explained above.

They may file a claim with the federal Department of Labor or a lawsuit in a Georgia civil court. Under federal law, they may also recover an additional amount for damages as noted above.

How Do I File an Unpaid Wages Complaint?

As noted above, a person who has not been paid the wages or other benefits they are owed by their employer may file an unpaid wages claim form with the Wage and Hour Division of the federal Department of Labor. The Division processes the claim and may recover the unpaid wages for the employee.

Depending on the amount a person is owed by their employer, they might also file a lawsuit in a Georgia civil court. They would choose the right court depending on the amount of money they seek to recover.

How Much Can I Claim for Unpaid Wages?

Under the federal Fair Labor Standards Act (FLSA), a person is entitled to be paid the highest minimum wage that applies where they work, whether it is local, state, or federal.

Currently, the state minimum wage in Georgia wage is $5.15 per hour. Employers who are subject to the federal FLSA have to pay the federal minimum wage of $7.25.

When a person figures out how much their employer owes them in back pay, they want to calculate how much they were paid, if anything, and what they should have been paid. They would then multiply that amount by the number of hours for which they should be paid.

A person may also file an unpaid wages lawsuit in a Georgia civil court. As noted above, if a person files their claim with the federal government, in some situations, they may seek the entire amount of wages they are owed as damages. In addition, they may recover their attorney’s fees if they have an attorney representing them, as well as their court costs.

What Are the Legal Consequences and Remedies for Unpaid Wages?

Of course, the amount a person can recover depends on how much their employer owes them. Generally speaking, they can recover the full amount of wages they are owed and possibly interest and attorney’s fees and costs.

In addition, they might be able to recover the penalty that is allowed by federal law, as noted above. Other penalties might be owed by the employer depending on state or federal law. A lawyer would be able to help a person determine exactly how much they might recover.

How Can I Prove an Unpaid Wages Claim?

In a lawsuit for unpaid wages that seeks the payment of overtime or wages that were less than the minimum wage, a person may be able to recover the following:

• The full amount of unpaid wages and benefits they are owed
• Interest on the full amount of unpaid wages and benefits
• Reasonable attorney’s fees and court costs.

As noted above, in some cases, in a claim filed with the federal government, a person may be able to recover an additional amount equal to the full amount of the wages they are owed in addition to attorney’s fees and costs.

What Kind of Lawyer Do I Need for Unpaid Wages Claims?

If your employer has not paid you the wages or benefits that you are owed, you want to consult a Georgia employment attorney. LegalMatch.com can quickly connect you to an attorney who can analyze your situation and guide you through the process of getting the full amount of money you are owed.