Wage Lawyers In Atlanta

Unpaid wage claims involve complex state and federal regulations that often leave workers shortchanged. Whether you face unpaid overtime, misclassification or minimum wage violations, you have the right to seek the compensation you earned through your labor.

At The Kirby G. Smith Law Firm, LLC, we advocate for Atlanta’s workforce. Our legal team leverages 40 years of combined experience to investigate employer pay practices and help ensure that every worker receives their full pay. We represent employees in recovery actions to secure back pay and damages for Fair Labor Standards Act violations.

Understanding The Fair Labor Standards Act (FLSA)

Employees have the right to receive a fair wage for all hours worked. The United States Department of Labor (DOL) enforces these rights under the Fair Labor Standards Act (FLSA). Under this law, you have two primary rights: the right to receive your promised hourly wage and the right to receive overtime pay at 1.5 times your normal hourly rate.

If your employer oversees your work and pays you hourly, the law likely covers you. If you receive a set salary, your coverage depends on your specific job duties and any employment agreement you signed. If your pay does not follow the FLSA formula, contact our FLSA lawyers at The Kirby G. Smith Law Firm, LLC, today.

When Do You File A Complaint?

The statute of limitations for an FLSA claim is generally two years. If the employer committed a willful violation, the law may extend this period to three years. You can recover damages for the period dating back from the day you file your complaint. Discuss your case with an FLSA lawyer as soon as possible. Delaying action, especially after termination, causes your potential recovery to shrink daily.

Protection Against Employer Retaliation

Federal law strictly prohibits employers from firing or discriminating against any employee who files a wage complaint, participates in a legal proceeding, or testifies regarding FLSA violations. These anti-retaliation provisions protect your right to speak up without fear of losing your job or facing workplace hostility.

The DOL takes these violations seriously. If your employer takes adverse action against you for asserting your rights, you can file a retaliation claim. You may qualify for remedies including reinstatement, back wages and “liquidated damages,” which effectively double your total monetary recovery.

How Do You File A Complaint?

While you can file complaints through the U.S. Department of Labor, the agency’s backlogs often cause significant delays. These delays may lead the DOL to settle cases for less than their full value to clear their docket.

Our FLSA lawyers often recommend proceeding with private counsel. In many cases, an attorney can take your case directly to court, bypass the DOL, and seek all available damages.

Our team of wage lawyers at The Kirby G. Smith Law Firm, LLC, can identify FLSA exceptions to determine if you are a covered employee. We review your records to find the evidence needed to prove your case or assist you in obtaining those records. Unlike many other legal protections, the law generally does not require you to prove your employer intended to deprive you of wages. This makes physical evidence vital. Our team also opens negotiations with your employer before filing a formal complaint. By presenting a strong case during informal negotiations, we often settle cases because employers prefer to avoid a losing battle in court.

Recover Your Unpaid Wages

Don’t let your employer keep your earned income. The clock is ticking on your back-pay recovery. Our Atlanta-based wage and hour attorneys are ready to evaluate your claim, gather evidence, and pursue the settlement you deserve.

Contact The Kirby G. Smith Law Firm, LLC, today for a free, confidential consultation. Call us at 770-892-6019 or fill out our online form to begin.