LABOR AND EMPLOYMENT LAWYER IN SAVANNAH

A wage and hour claim may arise when an employee believes their employer failed to follow applicable pay and labor laws. These claims can involve unpaid wages, unpaid overtime, missed meal or rest breaks, worker misclassification, or failure to pay the required minimum wage.

Wage and hour violations can severely impact an employee’s financial stability. Some of the most common violations in Savannah include:

Unpaid Overtime

Under the Fair Labor Standards Act (FLSA), non-exempt employees are generally entitled to overtime pay for hours worked over 40 in a workweek. If your employer failed to pay the required overtime rate, you may be able to recover unpaid wages.

For example, if you worked 50 hours in a week but received only your regular hourly rate for all 50 hours, you may have a claim for unpaid overtime.

Failure to Pay Minimum Wage

Federal law sets a minimum wage floor, but many states and local governments require higher rates. If you are paid less than the minimum wage that applies where you work, you may be able to recover the unpaid difference.

For example, paying an employee below the legally required rate may constitute a minimum wage violation.

Improper Deductions

Employers may make certain lawful deductions from your paycheck, such as taxes, insurance premiums, or retirement contributions. However, deductions that are not permitted by law or authorized by your agreement may violate wage and hour laws.

For example, if an employer deducts money from an employee’s paycheck for alleged damages the employee did not cause, the deduction may be improper.

If you believe you’ve been subjected to any of these violations, contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

Yes. If your employer agreed to pay you commissions, whether in writing or verbally, and failed to pay them, you may have a valid wage claim. Commission disputes can arise when employers change compensation policies without notice, delay payment, or withhold commissions after termination.

If you satisfied the requirements for earning the commission, your employer may be legally required to pay what you are owed.

If you are classified as an independent contractor but your job functions more like traditional employment, you may have been misclassified. Worker misclassification can affect your pay, benefits, taxes, and legal protections.

Independent Contractor

An independent contractor may:

• Control how and when the work is performed
• Use their own tools or equipment
• Work for multiple clients
• Receive no traditional employee benefits
• Be responsible for paying their own taxes

Employee

An employee may:

• Work a set schedule under an employer’s supervision
• Use tools or equipment provided by the employer
• Work primarily for one company
• Qualify for protections such as minimum wage, overtime, and workers’ compensation
• Have taxes withheld from their paycheck

If you have been misclassified, you may have been denied overtime pay, minimum wage protections, unemployment benefits, workers’ compensation, or other rights available to employees.

If your employer has not paid you correctly, whether because of unpaid wages, missing overtime, or an incorrect pay rate, you can take several steps to protect your rights.

Review Your Records

Start by gathering documents related to your employment and pay, including:

• Pay stubs
• Timesheets or clock-in records
• Employment contracts or offer letters
• Emails, messages, or other communications about your pay

Compare what you received with what you were promised or what applicable wage laws require.

Communicate With Your Employer

The issue may have resulted from a payroll or administrative error. Consider contacting your supervisor or HR department to explain the problem and request clarification. Keep written records of these communications, including emails and dated notes from conversations.

Understand Your Rights

Federal and state wage laws provide protections against unpaid or improperly withheld wages. Under the Fair Labor Standards Act (FLSA), covered employees must generally receive at least the applicable minimum wage. Non-exempt employees are also generally entitled to overtime pay at one-and-a-half times their regular rate for hours worked over 40 in a workweek.

Some states and local jurisdictions provide additional wage protections, including higher minimum wages or stricter deadlines for issuing paychecks.

File a Wage Complaint

You may be able to file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or the appropriate state labor agency. These agencies can investigate potential wage violations and may help recover unpaid wages.

Document Everything

Keep detailed records of your hours worked, any differences in your pay, and the steps you took to resolve the problem. This documentation may help support your claim if legal action becomes necessary.

Contact Morgan & Morgan in Savannah, Georgia

If your employer continues to withhold wages you are owed or retaliates against you for raising concerns, consider contacting a Morgan & Morgan labor and employment attorney. We offer free case evaluations, and you pay no attorney’s fees unless we win. Depending on your case, you may be entitled to unpaid wages, interest, penalties, legal fees, or damages related to retaliation.

Don’t Delay

Wage claims are subject to legal filing deadlines known as statutes of limitations. The amount of time available can depend on the type of claim and the laws that apply. Acting promptly can help protect your rights and preserve important evidence.

In a wage and hour lawsuit, the compensation you may recover depends on how your employer violated labor laws. Common types of damages include:

Unpaid Wages and Overtime

You may be able to recover unpaid wages, including minimum wage and overtime you should have received. Under federal law, eligible employees are generally entitled to overtime at one-and-a-half times their regular rate for hours worked over 40 in a workweek. If you were underpaid, you may be able to recover the difference between what you received and what you were legally owed.

Liquidated Damages

Under the Fair Labor Standards Act (FLSA), you may also be entitled to liquidated damages equal to your unpaid wages. For example, if you are owed $5,000, you may be able to recover $10,000 total, $5,000 in unpaid wages and $5,000 in additional damages, unless your employer can show it acted in good faith.

Interest

Depending on the applicable state law, you may also be entitled to pre-judgment interest on the unpaid wages you are owed.

Attorney’s Fees and Costs

If your claim is successful, your employer may also be required to cover your attorney’s fees and certain court or litigation costs. This can make it more practical to pursue a case even when the amount of unpaid wages is relatively modest.

Retaliation-Related Damages

If your employer retaliated against you for asserting your rights, such as by firing, demoting, or harassing you, you may be entitled to additional compensation. This can include lost wages, reinstatement, damages for reputational harm, and, in particularly serious cases, punitive damages.

Emotional Distress (Limited Situations)

Emotional distress damages are not typically available in wage and hour cases. However, if retaliation is involved, you may be able to pursue compensation for emotional harm as well.

Every case is different, so the best way to understand what your claim may be worth is to speak with the legal team at Morgan & Morgan for a free case evaluation.

Morgan & Morgan’s labor & employment lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our wage & hour lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan in Savannah, Georgia, you’re backed by more than just one attorney; you gain access to the resources of America’s Largest Injury Law Firm™, with over 1,100 attorneys and offices nationwide.

Your case may be supported by a team of attorneys, paralegals, and other legal professionals working together on your behalf. A primary attorney can oversee the case, provide updates, and guide you through each stage of the legal process.

After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for any upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.

These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.

Morgan & Morgan’s employment attorneys have extensive experience handling wage and hour claims and have helped recover significant compensation for workers in similar situations. As America’s Largest Injury Law Firm™, with over 1,100 attorneys nationwide, we have the resources, knowledge, and reach to take on complex cases.

We handle cases on a contingency fee basis, which means you don’t pay anything up front. With our Fee Is Free™ approach, you only pay if we win your case.

We are committed to holding employers accountable when they violate wage laws and workers’ rights. If you believe you’ve been underpaid or treated unfairly, you don’t have to navigate it alone. Contact Morgan & Morgan today for a free case evaluation to learn more about your options.