Atlanta Overtime Lawyer
Experienced Overtime Attorneys Serving Atlanta, Georgia
Overtime law attorneys can help recover unpaid wages when your employer fails to pay you overtime. But how do you know if your employer has violated your rights and you are entitled to overtime? If you are a non-exempt employee, you are entitled to overtime compensation in most circumstances. But is your employer classifying you as an independent contractor and paying you a straight hourly rate for all hours you work, even though you are actually an employee? In those situations, an Atlanta overtime lawyer at Weiner & Sand LLC can help to pursue damages against the employer. The Fair Labor Standards Act – the federal law that covers overtime compensation – allows overtime law attorneys to seek the wages that an employee is owed and liquidate damages. It also provides for a successful employee’s attorneys’ fees to be paid by the employer.
How An Overtime Law Attorney Analyzes the Independent Contractor Versus Employee Comparison
To determine whether you are an independent contractor or an employee, generally, a court will look to the economic reality of the relationship between you and your employer and whether that relationship demonstrates dependence. Among the factors that may help to determine whether you are an independent contractor or an employee:
- the nature and degree of the employer’s control as to the manner in which the work is to be performed;
- your opportunity for profit or loss depending upon your managerial skill;
- your investment in equipment or materials required for the task, or your employment of workers;
- whether your services rendered require a special skill;
- the degree of permanency and duration of the working relationship between you and your employer;
- the extent to which your services rendered is an integral part of the employer’s business.
Contact An Atlanta Overtime Lawyer Right Away
Even if your employer is telling you that you are an independent contractor, it may be misclassifying you and denying you overtime to which you are entitled under the Fair Labor Standards Act. If you think your employer might be misclassifying you as an independent contractor, please contact an Atlanta overtime lawyer at Weiner & Sand LLC to stand up for your rights. Our skilled overtime law attorneys offer case consultations and can be reached by phone or by filling out our convenient online form below.