Legal Question in Employment Law in Georgia

My fianc´┐Ż is considered "contract labor" per his boss. He has been working for this company since Dec. 4, 2013. He has worked more than 40 hours every week with the exception of the first week because he started on a Wednesday. They are also taking 10% taxes from his pay check. He has not been paid time and a half for ANY hours over 40 nor has he turned in any tax paperwork or an I-9. From what I understand about the laws for Georgia he must be paid overtime wages and they should not be taking any taxes out. Please tell me if this is correct. He is an HVAC mechanic and working on a public school. Thank you in advance for your assistance.

Asked on 12/30/13, 5:42 pm

1 Answer from Attorneys

Michael Caldwell DeLong, Caldwell, Bridgers & Fitzpatrick LLC

I believe your husband may have a valid claim for back overtime wages and liquidated damages for any work week in which he worked more than 40 hours. He most likely is not an independent contractor under the federal wage-hour laws. There are a lot of questions that he would have to answer before I could give you a more definitive answer. Our firm handles wage hour cases for plaintiffs on a contingency fee basis. If you would like to have him call me and set up an appointment I will speak to him about this.

Michael Caldwell


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Answered on 12/30/13, 10:45 pm

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