Announcement

Collapse
No announcement yet.

Last paycheck was minimum wage not my hourl wage Georgia

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Last paycheck was minimum wage not my hourl wage Georgia

    Recently I was fired from work for what bogus reasons, but thats another forum. First off I am in Georgia. When working I was paid $21.00 an hour (I have the statements to prove this), but when my last paycheck came in for over 60 hours of work, the employer paid me at minimum wage. Is there there a law stating they can do that? Is it legal for them to do that? Any help welcomed!

  • #2
    Probably not legal. They generally can't reduce your rate of pay on hrs. already worked without some type of prior notice.

    Ga. wage claim info -The US DOL Wage and Hour Division enforces Ga. wage and hour 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.
    Last edited by Betty3; 05-31-2012, 10:31 PM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Did you sign anything at hire that dealt with this issue? Is it in your handbook? Many times people forget what they have signed at the beginning of their employment.

      Comment


      • #4
        Actually, in GA it may be legal. There are no Federal laws that require prior notice before a wage is reduced, as long as it is not reduced below minimum wage, and GA has few if any wage and hour laws of its own, deferring wage and hour questions to the Feds. I have seen the argument that it may be illegal under contract law in GA, but at least as far as employment law is concerned, there's nothing to prevent it.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          We are basically talking about a "common law" argument that wages due are what were agreed to prior to the work being done. This is a very old concept which predates statutory labor law. A agreement signed prior (or even just notified) that termination is paid at minimum wage is a sometimes sucessful method to get aruond this common law requirement. Common law has some applicablity in all 50 states but the specifics are a function of judicial history in the specific juristiction. And I am not remotely a GA common law expert. Agreed that your recourse if any is small claims court or general court action.

          Statutory federal labor law (FLSA) basically covers claims for minimum wage or overtime only. FLSA does not care about the broader common law aspects. GA is legally a strange place for labor law purposes, but basically GA DOL has been described as a mail box where no one picks up the mail. Basically useless. So even if GA labor law cared about common law isues, you would still be stuck with small claims or general court as your recourse. In some other states (CA for example), the state DOL would handle such claims, but each state is it's own little universe for labor law purposes. Federal law is everywhere but federal law does not care about your issue.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            What cbg said is true but I have generally read that, as per what DAW said, you "normally" can't reduce pay on hrs. already worked based on common law. We went through this in Ga. before I believe on some forum. (think this one)

            Agree that a court action (probably small claims court) is the way to go in Ga. The OP can try suing.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

            Working...
            X