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GA--Unpaid Overtime & Non-reimbursement of Expenses

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cmlegal3

Junior Member
What is the name of your state (only U.S. law)? GA

Hi guys, I am seeking some advice on what recourse I have for two issues: unpaid overtime and for not being reimbursed for business expenses. I'll keep it as concise as possible, without omitting pertinent details.

I was working at a franchised restaurant where the owner opened a second location in November 2014. I was forced to work at the two locations from November 2014 thru mid-April 2015 as an hourly employee. I would only work 40 hours or less at one (to avoid overtime) and would receive a second paycheck for the hours at the second location (usually 10-15 hours per week). Since the two locations are owned by the same individual (and formed under the same LLC), it is my understanding that any hours over 40 (combined between the two locations) should have been been paid at the 1.5x rate for overtime.

I spoke with several attorneys who informed me that it would be an open-and-shut case, however none wanted to take the case up as the total compensation I would be due was around $700. I was also informed that I would be able to seek liquidated damages to bring the total to $1,400.
Since no lawyers want to take this up, what should be my course of action? Would the Dept. of Labor take the issue up? If so, would I be able to recover the entire $700, or perhaps the $1,400 to include damages?

The second part of my question deals with not being reimbursed for business expenses. After the second location opened, the owner disappeared leaving the employees to finish opening the store essentially. I purchased many items (plungers, office products, wet floor signs etc) to which the total came to just under $500. The owner was aware that we were having to purchase these things (he acknowledged the items), but never offered to reimburse me (or any others). I have all of the receipts and copies of the receipts. Should I file a smalls claims case? For this issue I'm seeking advice on whether I'll be able to win a judgment with only these receipts.

Thanks so much guys!
 


cbg

I'm a Northern Girl
As far as the unpaid overtime goes, you could try filing a claim with the US DOL (the GA DOL would only refer you there anyway) or you could file in small claims.

As far as the business expenses go, you can TRY a small claims case but I'm in no way certain that you will win. In 48 states, including GA, an employer has no legal obligation to reimburse an employee for any business expenses, and in one of the two remaining states, the liability is limited to mileage. You would need to show some kind of legal obligation or contract entitling you to expense reimbursement before you could prevail. If you can, have at it; I personally think laws requiring reimbursement are long overdue. But as the law currently exists, I wouldn't bet the rent on it.
 

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