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Wages
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Related Issues
The Fair Labor
Standards Act (Good)
Your rights to wages, overtime, and exemptions.
Late Paychecks-Case Law & What To Do (Consumer-SOS)
State and Federal law may require you to be paid at least twice a month or at
least paid promptly. If the employer is late, here's what you can do.
Where
To Go For Help In Georgia
(Consumer-SOS)
These
agencies may be able to help you with problems concerning overtime pay, minimum
wage issues and employee benefits.
Docking An Employee's Wages Or
Salary (Consumer-SOS)
When you can and cannot do so. Includes what to do when you're not paid
your last week's pay check.
Are Payroll Debit Cards With Fees Illegal?
(Consumer-SOS)
It depends on the
specific laws in your state. Some states have ongoing class action law suits.
But a victory in one state may not affect the laws in another. Even a state
favors payroll debit cards, the use of such could be illegal when the fees make
it so you're being paid less than state or federal minimum wage.
Deadline For
When Your Ex Employer Must Pay You Your Final Pay Check (Chart For All 50
States)
The law in every state is different and some states have no law on this at all.
State-By-State Payday Requirements
For Illegal Wage Withholdings
See Garnishment/Other
Deductions
Basics On
Tips And Minimum Wage
Minimum
Hourly Cash Wage For Tipped Employees Under State
State Payday
Requirements (All 50 States & DC)
Employment Standards Administration Frequently Asked Questions
This page can give you answers to questions on topics including “Pay and Overtime” and
“Child Labor” that may help you determine if your employer is violating the law.
Salary & Wage Websites
Where Else To Go For Help
See Related
Issues
Back To Top
Payday Laws & Your Right To A Timely Paycheck
Has chart when states require you get at least two paychecks a month. Some
states require workers to be paid weekly. Under FLSA, employees can get extra
damages for late paychecks.
I Was Fired For Not Working When
My Employer Kept Paying Me Late!
Find out your rights to be reinstated, get unemployment benefits or get damages
under the Fair Labor Standards Act.
Your Rights When Fired For Not Working When You Were Paid Late!
You were fired after your manager said you could stop working because you weren't being paid on time. I am assuming that the delays were substantial, i.e. that at least once you were paid at least two weeks late.
1. The
Right To Get Your Job Back:
Probably not. Under the Fair Labor Standards Act, the employer cannot retaliate
against you for reporting to the Department of Labor that there’s violations of
the law. However, you were fired before reporting such, not after. So
there's no retaliation here. Even if the employer is fined and
investigated, it probably means you're out of luck.
However, you may want to discuss it with the Department of Labor or a labor law attorney. Perhaps they can persuade the employer to rehire you “voluntarily.” Contact the Atlanta Wage and Hour Office (404) 893-4600.
2. The
Right To Collect Unemployment Insurance
Probably yes. The test for getting unemployment in Georgia is whether the
ex-employee was at fault in the discharge. In other states there are similar
tests. Here, you didn’t work because you weren't being paid on time. That's a
good reason to quit, and here you didn't quit but were fired! Plus the
manager told you it was OK not to work until you're being paid. So you are
not at fault and should be entitled to benefits.
3. The
Right To Collect Damages For Wrongful Discharge or Violation of The Fair Labor
Standards Act
A definite maybe. The laws for wrongful discharge vary from state to state and I
won't address these here. Under the federal Fair Fair Labor Standards Act (FLSA)
various courts have held that employees can collect additional damages for late
payments, even when they have already received their paycheck. This amount
can be equal to the amount that was paid late. See
The FLSA Case Law on Late Paychecks.
For legal help, See
Atlanta Legal Aid (404) 524-5811 or
Atlanta Volunteer Lawyers Foundation (404) 521-0790. You can also call
the US or state Department of Labor.
The Law
In Georgia the employer must pay their employees at least twice a month. See
O.C.G.A. 34-7-2.
"...Such
payments shall be made on such dates during the month as may be decided upon by
such person, firm, or corporation; provided, however, that
the dates so selected shall be such that
the month will be divided into at least
two equal periods; and provided, further, that the payments made on each
such date shall in every case correspond to the full net amount of wages or
earnings due the employees for the period for which the payment is made."
The Georgia Department of Labor should be able to enforce this law since they are a Georgia agency and this is a violation of Georgia Labor law.
In all states, the employer must pay at least minimum wage to those covered by the Fair Labor Standards Act. If your paychecks are coming in late, than for a certain amount of time, you are NOT being paid minimum wage. Rather you are being paid $0 in wages. See FLSA law below.
FLSA Case Law on Late Paychecks or Late
Payment of Overtime
The US Fair Labor Standards Act applies to all 50 states and DC.
Courts have held that it requires all minimum wage and overtime payments be paid
"promptly." Generally that means as soon as possible after the end of a pay
period.
Various
courts have held that employees can collect additional damages for late
payments, even when they have already received their paycheck. This amount
can be equal to the amount that was paid late.
There are some exceptions though. For example: An employer doesn't violate the prompt payment requirement if it changes the pay schedule and the change is made for a legitimate business reason, like a change in accounting methods, and the changes don't cause an unreasonable delay in payment.
See
Martin v. US (2014 Case from The United States Court of Federal
Claims that hears monetary claims against the U.S. government)
Click
here for what
Martin v. US means in plain English!
In the above case,
there
was a FLSA violation when employees who worked during a government shut down
were not paid on their normal paydays. Instead, they did not receive this
compensation until approximately two weeks after their regular paydays had come
and gone. This is a good case because it may be
persuasive in all 50 states. It also cites many cases in other federal
jurisdictions which may apply to you.
See also Rogers v. City of Troy New York (1998) (FLSA requires prompt payment of the minimum wage and promptness is determined with respect to the employee's regular payday); See also, Biggs v. Wilson, 828 F. Supp. 774 (ED California 1991) (Failure to promptly pay plaintiffs' paychecks violates Fair Labor Standards Act, but court found under the circumstances that additional damages not necessary per FLSA law 29 U.S.C Section 216(b) (Affirmed in Biggs v. Wilson, 1 F.3d 1537 (9th Cir.1993)).
Suggestions By Other Lawyers on What to do
http://ask-a-lawyer.freeadvice.com/law-questions/paycheck-getting-disperse-71690.htm
You should immediately contact your state's department of labor and explain that
the employer is violating the law by improperly withholding payment and not
paying on time. Do not be surprised if the labor department is not immediately
on top of it, but be persistent and put all of your correspondence in writing.
Your employer (if it discovers you are the one who involved the state) cannot
retaliate against you for informing the state of an employer's labor/wage
payment violations. The other alternative is to seek employment elsewhere or
another secondary job and then sue your employer for those monies plus interest
or late fees you incurred for not having your paycheck in time.
Georgia
Department of Labor Advice-Sue Employer In Georgia Small Claims Court
Often employers and workers disagree over final amounts due. The Fair Labor
Standards Act requires that employees be paid at least minimum wage for all
hours worked, and time and a half for any overtime hours worked; salaried
personnel must also be paid. The USDOL Wage and Hour Division enforces these
requirements, but enforcement may be slow. The practical alternative is to file
a claim for wages against the employer in the small claims court (Magistrate
Court) in the county where the employer is located. Although the worker will
have to pay a filing fee, that filing fee can be collected along with wages if
the court rules in the worker's favor.
Docking A Salaried Employee For Mistakes
Subject to exceptions listed here, an exempt employee must receive the full
salary for any week in which the employee performs any work, regardless of the
number of days or hours worked. Deductions can't be made simply because there
were "mistakes". However, penalties can be "imposed in good faith for
infractions of safety rules of major significance; or for unpaid
disciplinary suspensions of one or more full days imposed in good faith for
workplace conduct rule infractions." If your mistake does not fall into these
categories, call your state and federal department of labor for guidance.
Note, if an employer routinely makes improper deductions from exempt salaried employees, the employer may be in serious trouble. It could transform a salaried worker into a wage worker and make the employer liable for retroactive overtime! Imagine all those hours you worked over 40. If the employer loses in a lawsuit, they would have to pay you overtime for such!
When you can and cannot do so.
Docking The Pay Of Salaried Employees Who Are Exempt From Overtime
Generally, if an employee is paid on a salary basis and meets the job criteria
of an administrative, executive, or professional employee (the so-called "white
collar" professions), the employee is exempt from the overtime provisions of the
FLSA. However, many employers unintentionally jeopardize this exemption by
instituting pay and disciplinary policies that treat these employees as if they
are nonexempt.
FAQs On Paying Overtime and Docking Wages Due To Absences
Georgia Garnishment Info With Georgia Case Law
What can and cannot be garnished, how to garnish, limits on garnishments and
more.
Deadline For
When Your Ex Employer Must Pay You Your Final Pay Check (Chart For All 50
States)
The law in every state is different and some states have no law on this at all.
Overtime
The Fair Labor
Standards Act (Good)
Your rights to wages, overtime, and exemptions.
Overtime-Who
Is and Is Not Entitled To It
Who
Cannot Get Overtime Under The Fair Labor Standards Act
Explains who's not covered by FLSA with examples of what it means to be
an exempt professional, administrator, etc.
Late Overtime or Late Paychecks (Consumer-SOS)
You right to collect damages when the employer is late with your paycheck or in
paying you overtime.
Fair Pay
& Time Off (Nolo Articles)
FAQ's on wage & hour laws and more.
Where To Go For Help In Georgia
The U.S. Department of Labor
Enforces compliance with Federal wage and hour laws.
State
Labor
Departments (All 50 States & DC)
Enforces compliance with State wage and hour laws.
Garnishment/Other Deductions
When
It's Illegal To Withhold A Worker's Wages (Consumer-SOS)
Georgia Garnishment Info With Georgia Case Law
What can and cannot be garnished, how to garnish, limits on garnishments and
more.
Garnishment Info For Fulton County (GA)
The Consumer Credit Protection Act (CCPA) protects employees from being discharged by their employers because their wages have been garnished for any one debt and limits the amount of employees' earnings which may be garnished in any one week.
Deductions From Wages For Uniforms & Other Items Under The Fair Labor Standards Act
The Fair Labor Standards Act does not allow uniforms, or other items considered primarily for the benefit or convenience of the employer, to be included as wages. Employers may therefore not credit the cost of these items toward paying minimum wage
or overtime.
The U.S. Department Of Labor
Enforces compliance with Federal wage and hour laws.
State
Labor
Departments (All 50 States & DC)
Enforces compliance with State wage and hour laws.
Docking and Employee's Wages Or
Salary (Consumer-SOS)
When you can and cannot do so.
Where
To Go For Help In Georgia
(Consumer-SOS)
These
agencies may be able to help you with problems concerning overtime pay, minimum
wage issues and employee benefits.
Where Else To Go For Help (Consumer-SOS)
Are Payroll
Debit Cards With Fees Illegal?
Even if your state allows for payroll debit cards, the
employer may still be liable if they fail to comply with all consent, fee
notice, and other requirements. Also it could be illegal in your state,
regardless of local law, if the fees deducted make it so
you're being paid less than state or federal minimum
wage.
Georgia
Georgia Paychecks Laws & HR Compliance Analysis
As of July 2015,
employers may pay employees with payroll cards. An employer must give each
current employee an explanation of all fees
connected with the payroll card account in writing
at least 30 days before the payroll card is
active. This notice must be given to new employees at the time of hire.
Employees must also be given a form allowing them to opt out of payment by
payroll card at the time when the written notice is provided. See amended GA law
Sec. 34--7-2.
Employees must be allowed to opt out
of payment by payroll card at any time, either with a written request or by
handing in the form that authorizes payment by direct deposit.
GA Employers Can Now Issue Payroll Cards
"The amendment does not change
the requirement that employers pay employees the full amount of net wages due at
least twice a month on designated pay days. Accordingly, payroll card programs
must give employees the opportunity to access their full net wages, in cash,
each pay period without cost."
Payroll Debit Laws State
By State
Even if your state says it's legal, check your state's law to
see if the employer followed through
with all required consent, fee notice, and other
obigations. If not, they may be acting illegally.
Is There A Class Action In Your State On Payroll Debit Cards? (Google)
(For best results, add your state to the Google search box)
Related Issues
Tax Matters (for Wages, Tips, W2s,
etc.)
Pay-Day
Loans=Costly Cash (FTC Brochure)
Learn about your legal rights & alternatives.
Handy Reference Guide
To The
Fair Labor Standards Act
Basics of what the Act does and does not cover. Includes federal guidelines
for record keeping that employers must comply with.
Misc. Work Issues
For quick facts on wage and hour laws, sexual harassment, racial and religious discrimination,
American With Disabilities Act, pregnancy discrimination, disability discrimination and how to file a charge with
the EEOC.
Where To Go For Help In Georgia
These agencies may be able to help you with problems concerning overtime pay, minimum wage issues and employee benefits.
Where Else To Go For Help
It is against state and federal law for an
employer to keep any portion of
your
wages,
if for any length of time this causes you to earn less than the minimum wage.
Examples Of Illegal Wage Withholdings Activities Include:
a.
Failure to pay a worker the wages he earned because she made a mistake or didn't do a good
job.
b.
Failure to pay wages due because the worker breaks a company policy or is fired.
c.
Failure to pay a worker's wages because he quit with out first giving the
employer two weeks notice. Often this can happen when the worker is made to agree beforehand that
he must give proper notice or forfeit his last paycheck. But contract or no
contract, the right to a minimum wage cannot be given up. No matter what
you signed, the employer must still pay you at least the minimum wage. Arguably,
Georgia law, requires you must be paid exactly what you are due even if above
minimum wage. (See
GA Law
34-7-2 which states "the
payments made on each such date shall in every case correspond to the full
net amount of wages or earnings due the employees for the period for which
the payment is made.)
Docking and Employee's Wages Or
Salary (Consumer-SOS)
When you can and cannot do so.
Back To Top
1.
US Department of Labor, Wage & Hour Div (404) 562-2201 or
2202
2.
The Georgia Department
of Labor
(404) 656-3027
3.
Atlanta Legal Aid
(404) 524-5811
4.
Atlanta Volunteer Lawyers Foundation
(404) 521-0790
5.
The licensing or regulatory agency (if
any) that regulates the business.
6.
Georgia Office Of Consumer Affairs
(404) 656-3790
7. Internal Revenue Service
8. Georgia Department Of
Revenue
Time Off, Breaks & Meals
Because state laws vary on time off
and breaks, particularly for minor
employees, it’s important to check the
laws in your particular state.
Jury Duty & Being A Witness
(Consumer-SOS)
Minimum Rest Period Requirements Under State Law For Employees in
The Private Sector
Note: If You can't find your state, you probably have no rights unless you work
for the government.
Fair Pay
& Time Off (Nolo Articles)
FAQ's on wage & hour laws and more.
Docking and Employee's Wages Or
Salary (Consumer-SOS)
When you can and cannot do so.
Lunch & Other Breaks
Minimum Length of Meal Period Required Under State Law For Employees in
The Private Sector
Note: If You can't find your state, you probably have no rights unless you work
for the government.
Paid Time Off
And Breaks
Employment Standards Administration’s frequently asked questions about paid sick and
vacation leave and breaks.
Fair Pay & Time Off For Minors
(Consumer-SOS)
Family
And Medical Leave Act (FMLA)
Allows employees to balance their work and family responsibilities by taking unpaid leave
for certain reasons. The FMLA applies to any private-sector employer who is engaged in
commerce or in any industry or activity affecting commerce, and who has 50 or more
employees.
The Family And Medical Leave Act of 1993
From GA but applies to every state.
Paternity Leave And The Family Medical Leave Act
The Family
Medical Leave Act-A Compliance Guide (Good)
On-the-Job
Benefits and Policies, Including Pregnancy and Family Leave
Learn how women can protect themselves from a host of discriminatory work
policies.
Birth and Adoption Unemployment Compensation Final Regulation.
The Labor Department has issued the Birth and Adoption
Unemployment Compensation Final Rule. This rule allows states to provide partial wage replacement
under the unemployment compensation program, on a voluntary, experimental basis, to parents who
take leave or who otherwise leave employment following the birth or adoption of a child.
State
Departments Of Labor (All 50 States & DC)
Enforces compliance with state wage and hour laws, including breaks and time
off.
Required Workplace Posters
Federal laws require several posters to be displayed in the workplace. As always, State laws may require additional
posters to be displayed in addition to or instead of the posters required by
federal law.
The
Working Women's Legal Survival Guide
(Outstanding)
Covers any problem, any right and any legal remedy a working woman could have!
Excellent for men too (In most cases).
Where Else To Go For Help
Should
You Tell Your Employer That You Have AIDS? (GA)
Social Security,
Disability & Work (GA)
Employment
Related Services For Those With Disabilities (GA)
Georgia employment services for disabled,
disabilities & Work, discrimination and the ADA.
Discrimination
For More See Consumer-SOS/Disabilities
OSHA: Employee Workplace Rights
Department of Labor pamphlet describing what to do if you question the safety of, or hazards in your workplace. The pamphlet
also lists addresses and phone numbers for more information on the subject.
How To File A Complaint With OSHA (Links, FAQ's and More)
OSHA Subject Index
(Find Your Safety Hazard)
Occupational Safety and Health Administration Office Locator
Click on a map to locate OSHA regional and area offices, which
provide addresses and contact information.
Women And
Hazardous Jobs
A Women's legal right not to be discriminated against doing dangerous work
and what she can do to protect herself.
Health
& Safety In The Work Place (Nolo Articles)
Also includes what to do if your boss tries to fire you for blowing the whistle.
Whistle Blower Protection
Federal law protecting employees from discharge or other retaliation for their disclosure of
safety and health hazards. “Frivolous" complaints are not protected and employees have
the right to refuse to work in hazardous or unsafe situations.
Workplace
Safety-Rights & Protections (Lots of Links)
OSHA
Record Keeping Glossary of Terms
Understand the terms behind workplace safety record
keeping requirements.
Brief Guide
Record Keeping Requirements For Occupational Injuries &
Illnesses
Hazard Communication Program
Workers have the right to know the hazards and identities of the chemicals they are
exposed to in the workplace.
Personal Protective Equipment
Employers are required to provide and to pay for personal protective equipment to allow
workers to do their jobs safely and in compliance with OSHA standards.
Back to The Work Place
Legitimate
Work From Home Opportunities
Famous consumer advocate Clark Howard says
these are legit. But be cautious just in case.
Phony Work At Home Employment Schemes
Statutory Employees
(Too Brief)
Many people who work at home or who are paid on a commission basis (such as life insurance agents or salespeople) are classified by the IRS as statutory employees.
This means your employer may have to withhold taxes in the same way as regular
employees. No more and no less.
Special Occupations/ Misc. Professions
Certain occupations
have special rules that pertain only to
them, such as industrial homeworkers
and youth employees. Industrial
homeworkers are individuals who work in their own homes manufacturing a
product for someone else, including
craft-making and sewing.
Fact Sheet About
Homeworkers
Rules applying to industrial home-workers under the Fair Labor Standards Act.
Individual Homeworker Certificates
Information on the terms and conditions for issuing individual homeworker certificates.
Back To Top
Related Topics
Disabilities
Health & Medical
Insurance
Labor & Employment Law (Findlaw.com)
Lawyers, Courts & Self Help