Legal Question in Employment Law in Georgia
A fire department in metro Atlanta bases pay on 56 hour work week. FLSA bases on an average of 53 hrs per week. Same department recently started paying captains and assistant chiefs OT. FLSA has required this for years. My question is how far back can FFs sue for backpay?
1 Answer from Attorneys
The FLSA allows you to recover back pay going back 2 years from the date the complaint is filed, and 3 years in cases where the violation is willful. Almost all violations are considered willful. So the quick and easy answer is 3 years.
In addition, you recover liquidated damages equal to the unpaid back wages.
In addition, the employer has to pay your attorneys fees.
We handle bucketloads of these cases, including against fire departments in metro Atlanta. We have been very successful. Since the employer pays the legal costs, we bill the employer for the initial consultation.
If you would like you may write to me or call me directly.
Michael A. Caldwell
DeLong Caldwell Bridgers Fitzpatrick & Benjamin, LLC
(404)979-3154
(404)406-5680 (cell)
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