Because we just recently launched the Overtime Lawyer Blog, we didn’t get a chance to update you on an important FLSA development that happened last summer. On July 24, 2008, the minimum wage increased from $5.85 to $6.55 per hour.
If you are in a minimum wage job, make sure to review your paychecks closely to ensure that you are being paid at the new higher rate. And if you are receiving overtime, also make sure to check that your overtime pay is being calculated on the new higher rate. If you have been working since July and your checks were not based on the new higher rate, you are entitled to be made whole for all work weeks in which you didn’t receive the higher minimum wage or the correct amount of overtime pay.
And if you are an employed in the State of Georgia, even though the Georgia
minimum wage is lower than the federal minimum wage (it is currently $5.15
per hour), you’re still entitled to the higher federal minimum wage-don’t
let an unscrupulous or ill-advised Georgia employer convince you that
it only needs to pay you at the lower Georgia rate.
If you believe that you have been underpaid, you certainly have the right to contact your employer to complain about any mistakes in your pay and ask for reimbursement. If, however, you make a complaint, and you are discharged or otherwise retaliated against as a result of your complaint, you may have a claim of retaliation under the FLSA.
If you are not sure whether you are entitled to the new higher minimum wage, or if you are hesitant to approach your employer with a complaint for fear of losing your job, one of our experienced Atlanta overtime attorneys would be happy to answer your questions.
There is more good news to come. On July 24, 2009, the federal minimum wage is scheduled to increase to $7.25 per hour. Mark it on your calendar!