Legal Question in Employment Law in Georgia

My employer is taking a portion of my gratuities and threatening my job if I do not pay him. He said if i dont pay him, he will take my shifts away and give them to someone who will


Asked on 10/09/12, 4:54 pm

1 Answer from Attorneys

Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

Your employer may be violating the Fair Labor Standards Act. However, it depends on how they pay you.

If you are paid with a tip credit, the manager's act of taking the tips destroys their ability to deduct it from the minimum wage, and they will owe you at least the minimum wage for all hours that you work.

If it is a minimum wage violation, if you complain to management telling them that this violates the FLSA and that you intend to pursue your rights with the US Labor Department or with a court action, they will be committing an act of retaliation which could wind up with them owing you a lot of money for all the wages that you lose as a consequence plus an equal amount as liquidated damages, (plus they will have to pay your attorneys fees in addition to that).

If this is a manager abusing his/her power rather than a company policy then the manager could be personally liable for all of that.

This is the kind of case for which we usually work on a contingent fee basis.

Read more
Answered on 10/10/12, 4:25 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Georgia