The Fair Labor Standards Act (FLSA) is a federal law that sets nationwide rules for minimum wage, overtime pay, recordkeeping, and child labor. It applies to employees and employers across the United States, including Georgia, and often determines whether workers are being paid lawfully. While states may have their own wage laws, federal FLSA protections usually control when the two conflict.

If you are unsure whether your employer must follow the FLSA or whether your pay complies with it, we explain the law below.

What Is the Fair Labor Standards Act?

The FLSA establishes baseline workplace protections, including:

• A federal minimum wage

• Overtime pay requirements

• Limits on child labor

• Employer recordkeeping obligations

The law applies nationwide. Employers must comply with both federal and state wage laws, but when the laws differ, the rule that provides greater employee protection generally applies.

Which Employers Are Covered by the FLSA?

The FLSA applies to employers who meet at least one of the following criteria:

• The business has $500,000 or more in annual gross sales, or

• The business is engaged in interstate commerce

Interstate commerce is defined very broadly. Courts have found that covered activities under the FLSA include:

• Sending or receiving mail across state lines

• Processing credit card payments

• Selling goods or services online

• Communicating with out-of-state vendors or customers

As a result, many small and mid-sized businesses are covered even if they operate primarily within Georgia.

Minimum Wage Rules Under the FLSA (2026)

As of 2026, the federal minimum wage remains $7.25 per hour. Georgia’s state minimum wage is $5.15 per hour, but most employers must follow the higher federal rate because they are covered by the FLSA.

Tipped Employees

For employees who regularly receive tips:

• The federal tipped minimum wage is $2.13 per hour

• Tips plus hourly wages must equal at least $7.25 per hour

• If tips fall short, the employer must make up the difference

Failing to do so is a common FLSA violation.

Overtime Pay Requirements

Under the FLSA, most non-exempt employees must receive overtime pay at one-and-one-half times their regular rate for hours worked over 40 in a single workweek.

Key points to know:

• Overtime is calculated weekly, not daily

• Employers cannot average hours across multiple weeks

• Job title alone does not determine overtime eligibility

Misclassifying employees as exempt or as independent contractors remains one of the most frequent wage violations.

Child Labor Restrictions Under the FLSA

The FLSA strictly regulates when and how minors may work.

• Children under 14 generally may not work

• Workers aged 14 and 15 face limits on:

  • Daily and weekly hours

  • Late-night and early-morning work

• During the school year, work hours are more restricted

• From June 1 through Labor Day, evening hours may be extended to 9 p.m.

Hazardous jobs are prohibited for minors regardless of age limits.

Common FLSA Violations

FLSA violations can expose employers to serious consequences, including back pay, penalties, and legal action. Common violations include:

• Failing to pay overtime

• Paying below minimum wage

• Improper tip credit practices

• Off-the-clock work

• Employee misclassification

• Inadequate payroll records

The U.S. Department of Labor may pursue civil enforcement actions, and in certain cases, violations can lead to criminal penalties.

Are There Exceptions or Exemptions?

Yes. The FLSA contains numerous exemptions that depend on job duties, pay structure, and industry, not just salary level.

Some employees may be exempt from:

• Minimum wage requirements

• Overtime pay

Because exemptions are narrowly interpreted, employers often misapply them. Whether an exemption applies is highly fact-specific and should be evaluated carefully.

What If You Think Your Rights Are Being Violated?

If your pay does not reflect the hours you work, or if your employer tells you that wage laws do not apply without explanation, it is worth asking questions. FLSA protections are broader than many workers realize, and violations often go unnoticed for years.

Talk to a Georgia Employment Rights Attorney Today

At Pankey & Horlock, we help employees understand and enforce their rights under federal and Georgia wage laws. Whether your concern involves unpaid overtime, minimum wage violations, misclassification, or tip-related issues, we take a practical, thorough approach to evaluating potential claims.

In diverse workplaces, employees often bring their faith to work through religious attire or grooming practices. Whether it’s a hijab, turban, yarmulke, beard, or specific hairstyle, these expressions of belief are protected under federal law. Yet, conflicts still arise when employers restrict appearance or impose uniform policies. Understanding when such restrictions cross the line into discrimination is crucial for both employees and employers.

What the Law Says

Under Title VII of the Civil Rights Act of 1964, employers are prohibited from discriminating against employees based on their religion. This protection extends beyond hiring and firing—it includes workplace policies, schedules, and dress codes. The Equal Employment Opportunity Commission (EEOC) enforces these laws and provides guidance on handling religious accommodations.

According to EEOC guidelines, an employer must reasonably accommodate an employee’s sincerely held religious beliefs or practices, unless doing so would cause an undue hardship. An undue hardship means more than a minor inconvenience. For example, a slight cost increase or coworker discomfort usually does not qualify.

Courts look closely at whether an employer made a good-faith effort to accommodate. Denying an accommodation without exploring alternatives often signals discrimination. Employers should remember that neutrality—such as enforcing a “no-headwear” rule—can still have a discriminatory impact if it prevents individuals from expressing their religious beliefs.

Hidden Forms of Religious Discrimination

Religious discrimination isn’t always easy to spot. Sometimes, it appears that rules, which seem fair, actually harm certain groups. For example, a grooming policy banning beards can unfairly affect Muslim or Sikh employees.

Refusing to hire someone who wears a hijab or yarmulke because it doesn’t “fit the company image” also breaks federal law. Title VII of the Civil Rights Act protects workers’ right to express their faith through clothing or grooming.

In one Supreme Court case, a store refused to hire a Muslim woman because her hijab didn’t match its dress code. The Court ruled this was discrimination. Even though she didn’t ask for an exception, the company should have recognized the hijab as religious and discussed options before rejecting her.

Discrimination can also happen after hiring. Teasing or pressuring someone to change their religious clothing is harassment. Employers must stop this behavior once they become aware of it—or they may face legal consequences.

Requesting and Implementing Religious Accommodations

For employees, the process begins with communication. You don’t need a formal letter to request an accommodation, but a clear, written explanation helps create a record. State what you need and why your faith requires it—for example, wearing a head covering, maintaining a beard, or taking prayer breaks.

Once notified, employers must explore ways to meet that need without causing undue hardship. They can ask clarifying questions, but shouldn’t challenge the validity of the belief. Instead, they should focus on finding solutions—such as adjusting dress codes, modifying schedules, or allowing alternative uniforms.

Flexibility is key. For example, an employee who wears long skirts for religious reasons might work safely by wearing a longer company-approved apron. Employers can also train supervisors to handle requests respectfully and avoid snap judgments based on appearance. 

When employers evaluate hardship, the EEOC expects more than vague claims of “customer discomfort” or “team disruption.” Employers must show specific, practical reasons why the accommodation would be unworkable. If a reasonable solution exists, they should implement it promptly.

Building a Respectful Workplace

Religious expression in the workplace doesn’t have to create conflict. In fact, inclusive policies often lead to greater trust and productivity. Employers can prevent discrimination by updating their dress and grooming rules, offering diversity training, and encouraging open dialogue.

Employees who understand their rights can better advocate for themselves and others. When issues arise, they should document conversations and contact an employment law attorney for guidance. Acting early can prevent greater losses and preserve workplace harmony. At the same time, managers should view accommodation requests as opportunities—not burdens. By responding thoughtfully, they can strengthen their company’s culture and reputation.

Respecting religious dress and grooming is not just a legal duty. It reflects a deeper commitment to equality, dignity, and mutual understanding in every workplace.

If you’ve been the victim of discrimination at work because of your religious dress or grooming, call Pankey & Horlock today for a consultation with a skilled employment lawyer.

Subtle comments or behaviors in the workplace may seem small on the surface, but over time, they can create a toxic environment that affects morale, productivity, and mental health. These are known as microaggressions, and while they may not always rise to the level of overt discrimination, they can still have serious legal and professional consequences. At Pankey & Horlock, LLC, our Atlanta employment attorneys help employees understand their rights under the law and hold employers accountable when workplace conduct crosses the line.

What Are Microaggressions?

A microaggression is a subtle, often unintentional comment, action, or assumption directed toward someone based on their race, gender, religion, age, disability, sexual orientation, or another protected characteristic. While they may be framed as jokes, compliments, or casual remarks, they reinforce stereotypes and can make employees feel excluded or devalued.

Common Examples in the Workplace:

• Asking an employee of color, “Where are you really from?”

• Assuming a younger worker lacks experience or an older worker struggles with technology.

• Commenting on an employee’s accent or manner of speaking in a way that implies inferiority.

• Telling a woman she is “too emotional” during a meeting.

• Consistently interrupting or dismissing ideas from employees in a protected group.

Individually, these actions may seem minor. But repeated over time, they create a hostile work environment that undermines equal opportunity.

Legal Implications Under Title VII

Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on race, color, religion, sex, or national origin. While microaggressions themselves may not always qualify as illegal harassment, they often form the basis of a broader claim. Courts examine the totality of the circumstances—meaning that a pattern of microaggressions can contribute to a legally recognized hostile work environment.

For example, a single inappropriate joke may not be actionable. However, repeated jokes, comments, or exclusionary conduct tied to a protected characteristic could constitute unlawful harassment.

Employees who experience microaggressions should carefully document each incident, as patterns and repetition are key in legal claims.

Employer Responsibilities

Employers in Atlanta and across Georgia have a duty to prevent and address workplace discrimination and harassment. This responsibility includes:

• Clear Policies: Establishing written policies that prohibit harassment, including subtle forms like microaggressions.

• Training: Providing regular anti-discrimination and sensitivity training to employees and supervisors.

• Reporting Mechanisms: Offering safe, accessible ways for employees to report concerns without fear of retaliation.

• Prompt Action: Investigating complaints thoroughly and taking corrective measures when misconduct occurs.

An employer that ignores or dismisses microaggressions may be liable if a hostile work environment develops. Failure to act not only damages workplace culture but also exposes the company to legal risk.

Practical Steps for Employees

If you believe you are experiencing microaggressions at work, consider these steps:

• Document Incidents: Keep a written record of dates, times, comments, and witnesses.

• Review Company Policies: Familiarize yourself with your employer’s harassment and reporting procedures.

• Report Concerns: File a complaint internally, following the proper channels.

• Seek Legal Guidance: If microaggressions persist or escalate, consult with an employment rights attorney to understand your legal options.

Taking action not only protects your rights but can also help foster a more respectful workplace for others.

How Pankey & Horlock Can Help

Recognizing and addressing microaggressions is not just a matter of workplace culture; it’s a matter of civil rights. At Pankey & Horlock, LLC, we represent employees across Atlanta and Georgia who face harassment, discrimination, and retaliation. Our attorneys have decades of experience holding employers accountable under Title VII and related laws, and we are dedicated to protecting the rights of workers who deserve to feel safe and respected on the job.

Retaliation after reporting workplace harassment is one of the most frequent and serious employment law violations in Georgia. When an employer punishes you for speaking up—whether through termination, demotion, or other adverse actions—it violates both your rights and state and federal law.

This post explains how retaliation happens, the legal protections in place for Georgia workers, and the steps you can take to assert your rights if you’ve faced retaliation after reporting harassment in Atlanta or elsewhere in the state.

What is Employment Retaliation?

Retaliation happens when an employer punishes an employee for engaging in a protected activity, such as reporting harassment, filing a complaint, or participating in a workplace investigation.

Under Title VII of the Civil Rights Act of 1964 and the Georgia Fair Employment Practices Act, it’s unlawful for an employer to retaliate against an employee who has raised a good-faith concern about discrimination or harassment.

Retaliation can take many forms, including:

• Termination or sudden demotion

• Reduced hours or undesirable shift changes

• Pay cuts or loss of benefits

• Exclusion from meetings, training, or advancement opportunities

• Harassment, intimidation, or verbal abuse

• Unfounded disciplinary actions or negative performance reviews

Even subtle actions such as being ostracized or reassigned to meaningless work may qualify as retaliation if they would discourage a reasonable person from reporting misconduct in the future.

How to Identify Retaliation in Georgia Workplaces

In Atlanta and throughout Georgia, retaliation claims often arise in the following situations:

• Reporting sexual harassment–An employee reports a supervisor’s inappropriate behavior and is later fired for “performance issues.”

• Supporting a co-worker–An employee testifies on behalf of a colleague in an internal harassment investigation and soon finds their schedule cut.

• Filing a formal complaint–An employee contacts the Equal Employment Opportunity Commission (EEOC), and management begins documenting minor mistakes to justify termination.

If any of these sound familiar, you may have a valid retaliation claim.

Legal Protections for Employees in Georgia

Both federal and state laws shield employees from retaliation. Here’s what you should know:

• Title VII (Federal Law)–Protects employees who oppose workplace discrimination or participate in an investigation.

• The Georgia Fair Employment Practices Act (GFEPA)–Covers certain public employees and prohibits retaliation related to complaints of discrimination or harassment.

• Whistleblower Protection Act (Georgia)–Provides additional protection for public employees who report violations of law, rule, or regulation.

Private-sector employees in Georgia typically rely on federal protections, which the EEOC enforces. You generally have 180 days from the date of the retaliatory act to file a charge with the EEOC.

What to Do If You Suspect Retaliation

If you believe your employer has retaliated against you, take these steps to protect yourself:

1. Document everything. Keep records of all communications, incidents, and employment actions following your complaint.

2. Preserve evidence. Save emails, text messages, performance reviews, or other documents showing changes in your treatment at work.

3. Follow internal procedures.  Doing so demonstrates that you attempted to resolve the issue internally.

4. Contact an employment attorney. Retaliation cases often require careful legal analysis to connect your complaint to the employer’s adverse actions.

An attorney experienced in Georgia employment law can evaluate your situation, gather evidence, and guide you through the EEOC or state complaint process.

Atlanta, GA Employment Retaliation Attorneys

At Pankey & Horlock, LLC, we understand how devastating it can be to lose your job, reputation, or peace of mind for speaking out against harassment. Our attorneys have decades of experience representing employees across Atlanta and throughout Georgia who have faced retaliation after reporting discrimination or misconduct.

If you’re an employee in Georgia, understanding non-solicitation clauses is critical to protecting your career and peace of mind. This blog explains what these clauses are, whether they’re enforceable in Georgia, the risks of breaking one, and how to protect your employment rights. 

What Is a Non-Solicitation Clause?

A non-solicitation clause is a part of an employment contract that limits what you can do after leaving a job. It typically stops you from reaching out to your former employer’s clients, customers, or coworkers for a certain period. These clauses are standard in industries like sales, consulting, or professional services, where client relationships drive business. For example, if you’re a salesperson, your contract might say you can’t contact the company’s clients for a year after you leave. The goal? To protect the employer’s business interests.

Non-solicitation clauses often include:

• A time limit, like one or two years

• A geographic scope, such as the city or state where the company operates

• Restrictions on recruiting former colleagues to join your new employer

As an employee, these clauses can feel like a leash, limiting your ability to move freely to a new job. But are they enforceable in Georgia? Let’s explore.

Are Non-Solicitation Clauses Enforceable in Georgia?

In Georgia, non-solicitation clauses are governed by the Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.). Courts will enforce these clauses, but only if they’re reasonable and if the employee fits into one of the covered categories—typically those in sales, management, or roles involving confidential business information.

A clause must strike a fair balance between protecting an employer’s legitimate business interests and allowing an employee to earn a living. Georgia courts look at three main factors:

• Time: The restriction shouldn’t last too long. One to two years is usually acceptable.

• Geography: It should only cover areas where the employer actively does business.

• Scope: The restriction must protect legitimate business interests, like trade secrets or client relationships.

If a clause is too broad—say, it bans you from working in your field nationwide for five years—a court might modify it (a process known as “blue penciling”) or throw it out altogether.

Notably, Georgia law focuses on whether the employee initiated the contact. If a former client reaches out to you on their own, without any encouragement, that may not violate a non-solicitation clause. However, even passive conduct—like marketing to a general list that includes former clients—could raise legal concerns depending on the clause’s wording.

Can You Be Sued for Breaking a Non-Solicitation Clause?

Yes. If you contact a former client or recruit a coworker in violation of a non-solicitation clause, your former employer may take legal action. Here’s what that might involve:

• Lawsuit for Breach of Contract: They could sue you for damages, including lost profits from clients they believe you unlawfully took.

• Injunction: A court might order you to stop contacting clients immediately.

• Attorney’s Fees: If your contract includes a fee-shifting provision, you may be liable for their legal costs.

The impact goes beyond the courtroom. A lawsuit can damage your reputation, disrupt your new employment, and cost you valuable time and resources. Often, things start with a cease-and-desist letter.

How to Protect Yourself as an Employee

Facing a non-solicitation clause doesn’t have to be a career roadblock. You can take proactive steps to protect yourself:

• Before signing a contract, read it carefully. If the clause is overly vague or broad, ask questions or consult a lawyer.
  After you leave a job, avoid contacting clients or coworkers listed in the agreement until the clause expires.

• Keep documentation to show that you didn’t initiate contact or solicit business.

• Clarify the clause’s limits—especially its timeframe and geographic reach.

• Involve your new employer early. Let them know about any restrictions so everyone is on the same page.

• If you get a cease-and-desist letter, contact an attorney immediately. They can assess whether the clause is enforceable and help you respond strategically.

Remember, non-solicitation agreements are only enforceable if they meet specific legal standards. And even then, they may not apply to every employee.

Georgia Employment Law Attorneys

Non-solicitation clauses are enforceable only if they’re reasonable, and understanding your rights is the first step to protecting yourself. Whether you’re signing a new contract or facing a dispute, proactive steps can save you from costly legal battles. 

If you've recently been laid off or terminated in Georgia, you may have been presented with a severance agreement. At first glance, it might seem like a generous gesture—your employer offering you several weeks (or even months) of pay. But before you sign anything, it’s important to understand exactly what you’re agreeing to.

Severance agreements are legal contracts. They’re not just about money—they often include waivers, restrictions, and obligations that could affect your future employment and legal rights. Here's what every Atlanta employee should know before signing on the dotted line.

What Is a Severance Agreement?

A severance agreement is a contract between an employer and an employee, typically offered at the time of termination of employment. In exchange for severance pay or other benefits, the employee typically agrees not to sue the employer and may also agree to additional terms, such as non-disparagement or confidentiality.

While Georgia law doesn’t require employers to offer severance, many do—particularly in corporate, healthcare, and tech settings—as a way to manage risk and maintain goodwill.

Common Terms Found in Severance Agreements

Before signing, take time to review what the agreement actually contains. Some of the most common provisions include:

• Release of Claims: You may be giving up the right to sue for wrongful termination, discrimination, unpaid wages, or other employment violations.

• Non-Disparagement Clauses: You agree not to speak negatively about your former employer, even on social media.

• Confidentiality: You may be barred from discussing the terms of your severance, or even the fact that it exists.

• Non-Compete or Non-Solicitation Provisions: You may be restricted from working for certain employers or contacting former clients or coworkers.

What appears to be standard language could ultimately limit your options or waive valid legal claims. These provisions are enforceable in many cases under Georgia law, so it’s critical to understand them before agreeing.

Why You Shouldn’t Sign Right Away

Most severance agreements include a deadline for signing, but don’t let that pressure you into rushing. In fact, you may be entitled to additional time:

• Employees over 40 must receive at least 21 days to consider the offer under the federal Older Workers Benefit Protection Act (OWBPA). If part of a group is laid off, the time may be extended to 45 days.

• You also have seven days to revoke your signature after signing, if you're over 40 and the release includes age-related claims.

Even if you’re under 40, you’re allowed to ask for time to review the agreement and consult with an attorney. Employers are not required to give you a lawyer, but they often expect you to seek legal advice before finalizing a severance.

Can You Negotiate a Severance Agreement?

Yes. In many cases, the terms of a severance agreement are negotiable, especially if:

• You have potential legal claims (e.g., discrimination, harassment, retaliation, and unpaid overtime).

• You’re being asked to sign a broad non-compete clause.

• The severance offer seems unusually low for your position or tenure.

An employment attorney can help you evaluate your leverage and may be able to negotiate better terms, such as:

• Increased severance pay

• Continued health insurance coverage
  Neutral or positive job references

• Narrowed or removed restrictive covenants
  
  

What If You Already Signed?

If you’ve already signed a severance agreement, it may still be worth speaking with an attorney. In limited circumstances, such as coercion, fraud, or invalid waiver of federal rights, a severance agreement can be challenged.

However, time is a factor. Once you’ve waived your rights, reversing that decision may be difficult, especially if the employer has already fulfilled its side of the agreement.

When to Contact an Employment Lawyer

You should consider contacting a Georgia employment attorney if:

• You suspect your termination was unlawful

• You’re being asked to waive claims you don’t fully understand

• The agreement contains restrictive clauses that may affect future employment

• You feel pressured to sign or were given no time to review the agreement

An attorney can help protect your interests, explain what’s at stake, and determine whether you’re giving up more than you’re getting.

Legal Help for Severance Agreements in Atlanta

In Atlanta and across Georgia, employees have rights—even after being let go. A severance agreement is not just a farewell bonus. It’s a legally binding document that may limit your options going forward. Before you sign, take the time to understand your rights and obligations. And talk to an experienced employer lawyer before you sign

Georgia Minimum Wage Laws vs. Federal Law: Which Applies?

As an hourly worker, you are entitled to a specific hourly wage. However, with both state and federal minimum wage laws in place, determining what you are owed can be confusing. This sometimes results in employers underpaying workers. If you have been underpaid by your employer, you may be entitled to recover what you are owed by filing a lawsuit. As explained below, your specific circumstances dictate which law applies to your situation. In this article, we explain the difference between state and federal minimum wage laws. 

Federal Minimum Wage

The federal minimum wage is $7.25 per hour. Any business that participates in interstate commerce and employers that employ a specific minimum number of employees are required to pay their employees the federal minimum wage. The federal law that establishes the federal minimum wage amount is called the Fair Labor Standards Act (FLSA). Unfortunately, some employers knowingly underpay their employees in violation of this federal law. In addition, other employers sometimes underpay their employees due to a failure to understand the FLSA, which is a complicated law. Either way, any employee who has been underpaid in violation of the FLSA may take legal action to recover unpaid wages. 

Georgia Minimum Wage 

In addition to the federal minimum wage established under the FLSA, Georgia has its own minimum wage laws. In the state of Georgia, the minimum wage is $5.15. As noted above, not all employers are subject to the FLSA. In cases in which an employer is not subject to the FLSA, the Georgia minimum wage law will apply. 

Minimum Wage Exceptions

There are some exceptions to the minimum wage laws in Georgia. In Georgia, there is a separate minimum wage for service industry employee who earn gratuities, such as servers and bartenders. The minimum wage for these types of employees is $2.13 an hour. However, if an employee in this category doesn’t earn an hourly wage that is equivalent to the federal minimum wage, then the employer must pay the employee enough to make up the difference. Exceptions to the minimum wage laws also sometimes apply to teenagers and students. 

Although state minimum wage laws apply to all Georgia employees, there are some exceptions to this rule. For example, employers with less than $40,000 in sales per year or who have less than five employees are not held to Georgia’s minimum wage standards. In addition, farm owners are not required to pay Georgia’s minimum wage. Also, if a job provides an employee with free room and board, then the employer may not have to pay minimum wage.

Contact an Employment Discrimination Attorney 

If you have been underpaid by your employer or are a victim of employment discrimination in Georgia, you need a knowledgeable and experienced employment discrimination attorney on your side. At Pankey & Horlock, LLC, we will work diligently on your behalf and do everything we can to achieve a successful outcome in your employment matter. Please contact us today to arrange a consultation with an employment discrimination attorney. 

How to Address Wage Theft: Your Legal Options

As a loyal employee, you expect to be compensated for your work. Unfortunately, employers don’t always respect the hard work provided to them by their employees. Sometimes, this results in employers failing to pay their employees what they are owed. The official term for this is wage theft. If you are a victim of wage theft, it’s important to take the proper steps to recover what you are owed. In this article, we discuss your legal options following wage theft in Georgia. 

The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a federal law that prohibits wage theft. Specifically, this law establishes standards regarding several key employment issues, including:

• Minimum wage

• Overtime

• Recordkeeping

• Child labor

Under the FLSA, employees are entitled to receive agreed-upon wages for the hours that they work. Employers who steal or withhold wages from employees can face legal consequences for doing so.

Legal Options

As an employee, you are entitled to receive the wages you have earned. If your employer has failed to pay you or is withholding wages, you have two primary options as detailed below. 

File a Complaint

One step you can take to address wage theft is to file a complaint with the Wage and Hour Division of the U.S. Department of Labor (DOL). Before filing your complaint, you should gather relevant information and evidence, such as:  

• Your employer’s name and business address

• Your employer’s contact information

• Your manager’s name

• The business owner’s name

• The nature of your position

• How you are paid 

• How often you are paid

• Copies of your paystubs

• Records of the hours you have worked

If the DOL launches an investigation after you file your complaint, and your employer is found to have unlawfully withheld your wages, then the DOL can help you:

• Receive payment of your outstanding wages, 

• Settle your claim with your employer, or 

• File a lawsuit on your behalf.

File a Lawsuit

Depending on the circumstances, you may opt to file a lawsuit immediately instead of filing a formal complaint. This is sometimes the best course of action when attempting to recover unpaid commission or bonuses since those types of payments are not covered by the FLSA.  

To proceed with a lawsuit to recover the funds you are owed, you should gather the same types of information discussed above. When it comes to filing a civil lawsuit, the more detailed and accurate the information you can provide, the better. To ensure that you gather the correct types of evidence and present your case in the most effective and persuasive manner possible, it is highly recommended that you enlist the services of an experienced employment discrimination attorney.  

Contact an Employment Discrimination Attorney 

What You Need to Know About Severance Agreements 

Employers sometimes choose to offer severance packages to employees who are facing termination. Most employers who do this require their employees to sign a severance agreement. If you have been offered a severance package by your employer, it’s important to understand the ins and outs of severance agreements before signing. In this article, we discuss what you need to know about severance agreements.  

Common Severance Agreement Provisions

Although every severance agreement is different, there are common provisions included in most of these types of documents. Common severance agreement provisions include:

Termination

Severance agreements usually include a provision stating that the employee’s employment will terminate as of a specific date. However, it is usually advisable to have an attorney negotiate on your behalf and have the termination reclassified as a resignation, as this can improve your future employment prospects. 

Release

Most severance agreements require the employee to release his or her employer from all claims arising prior to the date of the agreement. 

Restrictive Covenants 

Many severance agreements restrict employees from soliciting the employer’s current customers or working for the employer’s competitors for a specified period. If your agreement contains these types of provisions, then you should have them reviewed by an experienced employment discrimination employment attorney to ensure that you have a complete understanding of their enforceability and impact. 

No Re-Hire 

Employers sometimes condition an employee’s severance on an agreement that the employee does not seek reinstatement or apply for a position with the organization in the future. If your severance agreement contains this type of provision, you should have an attorney review it.

Cooperation

Severance agreements also sometimes require employees to cooperate fully with the employer during the termination process. However, if your agreement contains such a provision, you should have your attorney determine whether it is reasonable or places unnecessary burdens on you during the termination process. 

Confidentiality

Finally, most severance agreements contain confidentiality provisions. Specifically, these provisions often require employees to return all company documents and maintain the confidentiality of the organization’s business information. However, your attorney may be able to negotiate exceptions on your behalf.

The Importance of Legal Review

There are two primary reasons for having an attorney review your severance agreement. The first is to ensure that you understand the agreement and the rights you are forfeiting by signing it. Severance agreements can be confusing, so it is always a good idea to have an attorney review and explain their provisions to you in plain language. The second reason to have an attorney review your severance agreement is to protect your interests. When an employer drafts a severance agreement, it is typically weighted in favor of the employer. When you hire an attorney, however, he or she can negotiate on your behalf, thereby leveling the playing field and helping to ensure that your severance agreement is fair to both parties. 

Contact an Employment Discrimination Attorney 

Understanding Your Paycheck: Wage and Hour Laws in Georgia Explained

Your paycheck is more than just a number—it’s a reflection of your hard work, your time, and the laws that protect your rights as an employee. Whether you work in Atlanta or elsewhere in Georgia, it’s important to understand the state and federal wage and hour laws that determine how much you’re paid, when you're paid, and what your employer can legally deduct. Here's what every Georgia worker should know about their paycheck.

Minimum Wage in Georgia: What You’re Entitled To

Georgia’s minimum wage is $5.15 per hour, which is lower than the federal minimum wage. However, most employees in Georgia are covered by the federal Fair Labor Standards Act (FLSA), which guarantees at least $7.25 per hour. That means unless you fall into a narrow exemption category, you should be receiving no less than $7.25 per hour.

Tipped employees in Georgia may earn a base wage as low as $2.13 per hour as long as tips bring their total earnings to at least the federal minimum. If they don’t, the employer must make up the difference. If you work in a restaurant or hospitality job in Atlanta and suspect you’re not earning enough in tips to meet minimum wage, it may be worth speaking with a wage and hour attorney.

Overtime Laws in Georgia: What Counts as Extra Pay

Under both Georgia and federal law, non-exempt employees are entitled to overtime pay for any hours worked over 40 in a single workweek. Overtime must be paid at 1.5 times your regular hourly rate.

However, not everyone qualifies. Exempt employees—such as some managers, administrative workers, and professionals—aren’t entitled to overtime under the FLSA. But just because you're salaried doesn’t mean you're exempt. One of the most common violations we see in the Atlanta metro area is the misclassification of workers as exempt to avoid paying overtime.

If you regularly work long hours without receiving overtime and are not in a clearly exempt role, it’s time to examine your classification more closely.

Breaks and Meal Periods: What Georgia Law Says

Georgia law does not require employers to provide meal or rest breaks. That means if your employer offers breaks, they’re doing so voluntarily—unless federal law requires compensation for that time.

Under the FLSA, short breaks (typically lasting 5 to 20 minutes) must be paid. Meal periods (30 minutes or more) can be unpaid if you're fully relieved of your duties. But if you're expected to answer phones, monitor equipment, or stay on call during your break, you must be compensated.

In busy Atlanta workplaces—such as call centers, healthcare settings, or logistics hubs—it’s not unusual for employers to misuse or mislabel break time. If you’re being shorted on paid time, keep detailed records and consider speaking with a legal professional.

Illegal Deductions and Withholding

Employers can’t make deductions that reduce your pay below the minimum wage or affect your overtime earnings. That includes charges for uniforms, tools, register shortages, or mistakes on the job.

If you work in retail, construction, or service industries in Atlanta and see unexpected deductions on your pay stub, ask for an explanation. You have the right to understand what’s being taken out—and why.

What to Do If There’s a Problem

If your paycheck doesn’t seem right, start by asking your employer or HR department for clarification. But if you’re getting the runaround—or if the issue continues—file a complaint with the U.S. Department of Labor or consult a Georgia wage and hour attorney.

You may be entitled to back pay, damages, or even legal fees if your rights have been violated.

Protecting Atlanta Workers: We’re Here to Help

At Pankey & Horlock, LLC, we’ve spent decades helping workers in Atlanta and across Georgia stand up for their rights. If your paycheck isn’t adding up, or if you’re being denied overtime or subjected to illegal deductions, we’re here to help. Our firm combines experience, knowledge, and a deep understanding of Georgia labor laws to fight for fair pay.