WAGE AND HOUR DEMAND LETTER
State of Georgia
Fair Labor Standards Act Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Georgia ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Georgia State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective/class action contemplated]
Demand for Unpaid Wages Under Federal Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. GEORGIA-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Georgia has a state minimum wage law, but its minimum wage ($5.15/hour) is below the federal minimum. Therefore, for most employers, the federal FLSA minimum wage of $7.25/hour applies. Georgia does not have a state overtime law.
Key Legal Framework:
| Category | Georgia/Federal Requirement | Citation |
|---|---|---|
| Minimum Wage (State) | $5.15/hour | O.C.G.A. Section 34-4-3 |
| Minimum Wage (FLSA) | $7.25/hour (applies to most employers) | 29 U.S.C. Section 206 |
| Overtime | 1.5x regular rate after 40 hours/week (FLSA only) | 29 U.S.C. Section 207 |
| Tipped Minimum | $2.13/hour (with tip credit - FLSA) | 29 U.S.C. Section 203(m) |
| Payment Frequency | At least twice per month | O.C.G.A. Section 34-7-2 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Georgia Wage Claims | 2 years | O.C.G.A. Section 9-3-22 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Breach of Contract (written) | 6 years | O.C.G.A. Section 9-3-24 |
C. Georgia Wage Payment Requirements
Wage Payment Timing:
- O.C.G.A. Section 34-7-2: Employers must pay wages at least twice per month on regular paydays
- O.C.G.A. Section 34-7-2: Final wages due by the next regular payday
Payroll Deductions:
- Georgia follows common law principles regarding authorized deductions
- Deductions cannot reduce wages below minimum wage
- Written authorization generally required
D. Enforcement Mechanisms
Administrative:
- Georgia Department of Labor: Limited wage claim enforcement
- U.S. Department of Labor, Wage and Hour Division (Atlanta District Office): Primary enforcement for FLSA claims
- Filing Complaint: WHD Form WH-211 or online at dol.gov/agencies/whd
Private Right of Action:
- FLSA: 29 U.S.C. Section 216(b) provides private right of action
- Georgia: Limited private remedies for wage claims; contract-based claims available
- Collective action mechanism available under FLSA
E. Georgia Minimum Wage Law Coverage
Georgia's minimum wage law does NOT apply to employers covered by FLSA. O.C.G.A. Section 34-4-3(2). Therefore:
- If FLSA applies: Federal $7.25 minimum wage controls
- If FLSA does not apply: Georgia $5.15 minimum wage may apply (rare)
F. Tip Credit Rules (Georgia/Federal)
Georgia follows federal tip credit rules:
| Requirement | Standard |
|---|---|
| Cash wage minimum | $2.13/hour |
| Tip credit maximum | $5.12/hour |
| Total must equal | $7.25/hour minimum |
| Notice required | Yes, before taking credit |
| Tip pooling | Valid only among customarily tipped employees |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Georgia. During this employment, [Company Short Name] violated federal wage laws by:
[ ] Failing to pay the federal minimum wage of $7.25 per hour required under the FLSA
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to FLSA protections
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] On-call time
[ ] Making unlawful deductions that reduced wages below minimum wage
[ ] Unlawful tip pooling or tip credit violations
[ ] Failing to pay wages on regular paydays as required by O.C.G.A. Section 34-7-2
The willful nature of these violations entitles our client to the extended three-year statute of limitations under the FLSA and liquidated (double) damages.
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Georgia] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Fair Labor Standards Act Coverage
1. Enterprise Coverage
[Company Short Name] is subject to the FLSA because it is an enterprise engaged in commerce with annual gross sales of at least $500,000. 29 U.S.C. Section 203(s)(1)(A).
2. Individual Coverage
Alternatively, our client was individually engaged in interstate commerce because [describe activities affecting interstate commerce, e.g., handling goods that moved in interstate commerce, making phone calls or emails to out-of-state locations, using credit card machines, etc.].
B. Minimum Wage Violation (29 U.S.C. Section 206)
The FLSA requires covered employers to pay employees at least $7.25 per hour for all hours worked. By [describe violation], [Company Short Name] failed to pay our client the minimum wage.
C. Overtime Violation (29 U.S.C. Section 207)
The FLSA requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek. Note: Georgia does not have a state overtime law.
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
D. Willfulness
[Company Short Name]'s violations were willful under McLaughlin v. Richland Shoe Co., 486 U.S. 128, 133 (1988), as demonstrated by:
- [Evidence of willfulness]
E. Liquidated Damages
Under 29 U.S.C. Section 216(b), our client is entitled to liquidated damages equal to the amount of unpaid wages, effectively doubling recovery.
V. DAMAGES CALCULATION
A. FLSA Damages
Relevant Period: [Start Date - 3 years prior to anticipated filing] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Off-the-Clock Work
| Activity | Hours/Week | Rate | Weeks | Total |
|---|---|---|---|---|
| [Pre-shift work] | [X] | $[X.XX] | [X] | $[Amount] |
| Off-the-Clock Subtotal | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| FLSA Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages (Equal Amount) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Collective Action Exposure
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Liquidated Damages | $[Amount] | [X employees] | $[Amount] |
| Collective Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Liquidated damages
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] United States District Court for the Northern District of Georgia
[ ] United States District Court for the Middle District of Georgia
[ ] United States District Court for the Southern District of Georgia
The Complaint will seek:
1. Unpaid minimum wages under 29 U.S.C. Section 206
2. Unpaid overtime under 29 U.S.C. Section 207
3. Liquidated damages under 29 U.S.C. Section 216(b)
4. Attorney's fees and costs under 29 U.S.C. Section 216(b)
5. Certification as a collective action under 29 U.S.C. Section 216(b)
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior DOL investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Federal Rule of Evidence 408 and applicable Georgia evidentiary privileges.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Georgia State Bar No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
GEORGIA-SPECIFIC PRACTICE NOTES
[ ] State Minimum Wage Below FLSA: Georgia's $5.15 minimum wage is superseded by FLSA's $7.25 for covered employers
[ ] No State Overtime Law: Georgia does not have a state overtime statute; all overtime claims rely on FLSA
[ ] Limited State Enforcement: Georgia Department of Labor has minimal wage claim enforcement; use DOL-WHD
[ ] At-Will Employment: Georgia follows at-will doctrine; termination for raising wage claims may support FLSA retaliation claim
[ ] Federal Court Venue:
- Northern District (Atlanta): Atlanta metro and north Georgia
- Middle District (Macon): Central Georgia
- Southern District (Savannah): Coastal and south Georgia
[ ] Collective Action: FLSA Section 216(b) is primary mechanism for multi-plaintiff wage claims
[ ] Wage Payment Timing: O.C.G.A. Section 34-7-2 requires at least twice-monthly payment
[ ] DOL Contact: Atlanta District Office covers Georgia
- Address: 61 Forsyth Street, S.W., Suite 7M10, Atlanta, GA 30303
- Phone: (678) 237-0521