Atlanta Employment Attorneys Blog

How a New WHD Policy Impacts Employers’ Exposure to Paying Liquidated Damages in Pre-Litigation Investigations

July 18, 2025 | Parks, Chesin & Walbert

In any legal or administrative dispute, one of the most consequential decisions you must make is whether to settle with the other side or to litigate the dispute all the way to a judgment by a jury or judge. With each option comes particular potential benefits and drawbacks, which is why skilled legal representation matters so much. In your Fair Labor Standards Act case, a knowledgeable Atlanta wage and hour lawyer can be instrumental in identifying all of your possible upsides and risks and make a recommendation about the option that will best meet your needs.

In the context of civil lawsuits, one of the key benefits of settling early is the reduction of overall costs.

These calculations also play a role if your business is facing an investigation by the Labor Department’s Wage and Hour Division. In a new internal guidance bulletin, the division has announced that it will no longer seek liquidated damages in pre-litigation investigations.

What a New Federal Appeals Court Ruling Says About Personal Jurisdiction and FLSA Collective Actions

July 10, 2025 | Parks, Chesin & Walbert

A recent federal appellate ruling is likely a relief for some employers on the West Coast, and perhaps beyond. Although the 9th Circuit Court of Appeals’ opinion is only binding in several western states, it nevertheless represents the latest chapter in a growing trend among federal appellate courts. That trend suggests that, when employees undertake a Fair Labor Standards Act collective action lawsuit, the trial court must determine personal jurisdiction on a claim-by-claim basis, where each opt-in plaintiff must have sufficient ties to the employer’s business in that state. If you have questions about these types of lawsuits, it is advisable to consult with an experienced Atlanta collective action lawyer regarding your specific situation.

The plaintiffs in the 9th Circuit case were a group of current and former tipped employees of the restaurant chain Cracker Barrel, who sued their employer for violating the FLSA. Specifically, the servers alleged that the restaurant’s use of tip credits and its payment practices for tipped workers did not comply with the law’s requirements.

The employees sued in federal court in Arizona. In their court papers, the employees asked the court to certify a collective consisting of “all servers who worked for Cracker Barrel in states where it attempts to take a tip credit… over the last three years.”

The Importance of Detailed Documentation in the Medical Certification Portion of the FMLA Leave Request Process

June 30, 2025 | Parks, Chesin & Walbert

Requesting leave under the Family and Medical Leave Act might seem like a simple and straightforward thing… but that is not always the case. Employees seeking leave must submit careful, detailed requests and supporting documentation (such as doctor’s notes) that sufficiently put employers on notice that the employee has a serious medical condition requiring FMLA leave. If you have questions about your rights and obligations under the FMLA, it is wise to consult an experienced FMLA leave lawyer.

A recent FMLA retaliation case from a federal court in Florida illustrates how a request can go wrong if not done correctly.

D.N., the employee, was a billing contract coordinator for a community organization who went into early labor and delivered her child prematurely. After the child’s birth, the coordinator requested four weeks of FMLA leave, spanning from early February to early March 2023. Alongside her request, the employee presented a note from her doctor to support the request.

Managing the ‘McDonnell Douglas Framework’ in Your FMLA Retaliation or Federal Discrimination Lawsuit

June 23, 2025 | Parks, Chesin & Walbert

Succeeding in advancing a Family and Medical Leave Act retaliation or interference claim (or defending against such an allegation) requires many things. It demands knowing all of the elements you must prove for success, and what the law says you need to satisfy those elements. A knowledgeable and experienced Atlanta FMLA interference lawyer can be essential to achieving this successful outcome.

A recent race discrimination and FMLA interference lawsuit illustrates some of the similarities between those two federal claims, including when it comes to the proof required to win.

The employee who sued, G.L., held a managerial position in the City of Atlanta’s agency responsible for providing drinking water and managing wastewater. While the manager was out on FMLA leave, an emergency occurred when one of the agency’s plants ran out of fluoride water treatment. Although an investigation eventually revealed that a higher-ranking employee (the deputy commissioner) knew about the shortage for “several days” before G.L. found out, the employer nevertheless demoted the manager after the shortage incident.

How the FLSA’s Statute of Limitations Sunk One Employee’s Minimum Wage Violation Case

June 16, 2025 | Parks, Chesin & Walbert

A minimum wage case that recently came before the 11th Circuit Court of Appeals (whose decisions control federal lawsuits in Georgia, Florida, and Alabama) is an example of how employees with legitimate Fair Labor Standards Act claims can still lose if they proceed without counsel and get tripped up by procedural requirements such as the statute of limitations. The case and its outcome make for a noteworthy cautionary tale about the risks of proceeding without a skilled Atlanta minimum wage lawyer advocating for you and monitoring procedural deadlines like the statute of limitations.

The employee, M.M., worked at a pet store in Florida for approximately three weeks in August 2018.

According to the employee, she worked full-time as a certified veterinary technician at a salary of $35,000 per year. According to the pet store, M.M. was a part-time kennel technician.

A New U.S. Supreme Court Ruling Addresses the Litigation of Federal ‘Reverse Discrimination’ Cases Under Title VII

June 10, 2025 | Parks, Chesin & Walbert

“Reverse discrimination” is an informal phrase that refers to instances of discrimination where the target of discrimination was not a member of a historical minority group (like, for example, women, African Americans, and gays/lesbians) but rather a traditional majority group (like men, white people, and heterosexuals). Recently, the U.S. Supreme Court rejected the notion that members of majority groups should have a higher burden of proof placed on them as compared to members of minority groups. The high court’s decision reflects that federal discrimination law is evolving and will continue to change. The best way to equip yourself for success in a discrimination lawsuit is to seek out and retain an Atlanta discrimination lawyer who is deeply versed in, and entirely up to date on, all aspects of Title VII law.

The employee in the Supreme Court case, M.A., worked for an Ohio governmental agency that oversaw juvenile corrections in the state. When the agency created a new management role, she applied for it, but the role went to a different woman. Shortly thereafter, the agency demoted her to a secretarial job and chose a man to fill her vacant position.

She sued the agency for sexual orientation discrimination under federal law (Title VII). What made her case unusual was that she was heterosexual, and the successful candidates — the man who assumed the administrator role and the new manager — were gay and lesbian.

Opting In, Opting Out, and the Differences Between Federal Class Actions and FLSA Collective Actions

May 30, 2025 | Parks, Chesin & Walbert

Recently, a Greene County employer found itself facing not one but two federal lawsuits related to its pay practices and overtime compensation. The pair of filings illustrates how misclassifying workers can have numerous, complex impacts, both on the employer being sued and on employees who must decide whether to join an existing Fair Labor Standards Act collective action or pursue a separate case. When making decisions as an employee about opting in or out, or as an employer defending these lawsuits, it is wise to consult with a knowledgeable Atlanta wage and hour lawyer who can offer essential advice about how best to proceed.

The Greensboro employer, M.S.G., was a project management consulting company that employed several engineers. Several of those engineers believed that the employer had underpaid them. Specifically, the engineers contended in a federal complaint that the employer had illegally misclassified them as overtime-exempt when, in fact, they were non-exempt and should have received time-and-a-half compensation for their overtime hours, whereas they actually received only their regular pay for those hours.

One of those Georgia engineers, R.S., sued in 2023. In June 2024, the federal District Court conditionally certified the case as an FLSA collective action.

The Salary Basis Requirement Within the EAP Exception… and How Even Highly Paid Workers May Be Entitled to Time-and-a-Half Overtime

May 23, 2025 | Parks, Chesin & Walbert

The rules the Fair Labor Standards Act sets up regarding time-and-a-half overtime compensation are often nuanced and can be complicated. Employers risk noncompliance when they fall into the trap of oversimplification. For example, paying a worker a large sum every week or month does not necessarily mean that the worker is exempt from overtime compensation. To ensure your (or your employer’s) pay practices are fully compliant, you should talk to an experienced Atlanta wage and hour lawyer.

A recent unpaid overtime case that began in neighboring Tennessee is a good example of how high earnings do not always equal exempt status for employees.

The case involved a professional pipe inspector. The inspector’s employer paid him a “guaranteed weekly salary” of $800 and an additional $100 per hour for each hour over eight he worked in a given week. The employer classified the inspector as salaried and did not pay him time-and-a-half overtime. That meant the inspector, who averaged 52 hours per week, received $100 per hour for all hours (and not $150 for hours 41 and above).

What a Brief Dive into Reddit Can Teach About the FLSA and the Requirements Surrounding Employers’ Handling of Pooled Tips

May 16, 2025 | Parks, Chesin & Walbert

The Reddit platform can be a source of amusement and distraction. Occasionally, it can also provide an opportunity for education. Take, for example, a post from earlier this week centering around a pay practices problem and tipped employees. While wholly unverified, the post highlights an example of how employers can violate the law if they are not mindful of the Fair Labor Standards Act’s requirements and why they should consult an experienced Atlanta wage and hour lawyer if they have any questions about handling employees’ tips.

According to the employee, her manager sent a group text message addressed to “all employees.” The manager, “Kelly”, informed her team that the “pooled tips we’ve gotten… won’t be distributed. Janice’s mom just passed away and they could use it more than we do at the moment.”

After reading that, many might wonder, “Can they do that legally?” In short, the answer is “probably not.”

The U.S. Department of Labor Makes an Important Statement About a 2024 Rule Related to Independent Contractor Classifications

May 9, 2025 | Parks, Chesin & Walbert

The U.S. Department of Labor has made multiple noteworthy changes in the wake of the transition from President Biden to President Trump in January. The changes remind employers and employees alike of the high impact federal regulations have on wage and hour law. Employers and employees alike should be mindful of the effects of changes and the potential for more. That includes consulting a knowledgeable Atlanta wage and hour lawyer for answers to your questions about your business’s (or your employer’s business’s) compliance.

One of the newest changes took place at the beginning of this month, and it involves backing away from an independent contractor classification rule established last year.

On May 1, the DOL’s Wage and Hour Division issued a new Field Assistance Bulletin (No. 2025-1), which indicated that the department will no longer follow “the 2024 Rule’s analysis when determining employee versus independent contractor status in FLSA investigations.” Instead, according to the bulletin, the division will use an earlier test.