Atlanta Employment Attorneys Blog

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 FLSA’s Overtime Provisions and the ‘Motor Private Carrier’ Exemption

April 30, 2025 | Parks, Chesin & Walbert

The Fair Labor Standards Act established a broad right for workers to receive a minimum wage and overtime pay. The statute also has numerous exemptions to the right to overtime pay. While workers and employers are probably familiar with exemptions for executive, administrative, professional, computer, and outside sales employees, those are not the only ones. Identifying and understanding the breadth of all exemptions can be crucial to avoiding a FLSA violation. Talk to an experienced Atlanta wage and hour lawyer if you have any questions about FLSA exemptions or exempt versus nonexempt classifications.

In addition to the exemptions listed above, which Congress outlined in Section 13(a)(1) of the FLSA, further exemptions exist under Section 13(b)(1). Section 13(b)(1) exemptions pertain only to overtime compensation, whereas Section 13(a)(1) exemptions extend to overtime and minimum wage requirements. Examples of Section 13(b)(1) exemptions include individuals who work in the trucking, rail, and air carrier industries.

A recent unpaid overtime dispute from the federal courts focused on those Section 13(b)(1) exemptions. The employer was an entity that sold, delivered, and installed “screwpiles used in the construction of foundations.” The employees were a pair of welders. In addition to welding, welders were also responsible for “loading trailers, securing loads for transport, and inspecting trucks for safety items such as lights, tires, brakes, and horns.”

The Portal-to-Portal Act, ‘Integral and Indispensable’ Activities, and When Travel Time is Compensable Under Federal Law

April 24, 2025 | Parks, Chesin & Walbert

Employers and employees need to be aware of the requirements of the Fair Labor Standards Act. This allows workers to be sure they receive all the wages they deserve and permits employers to be confident that they are compliant with federal law. Whether you are a worker or an employer, if you have questions regarding the FLSA and related statutes (like the Portal-to-Portal Act), get reliable answers by seeking out the advice of an experienced Atlanta wage-and-hour lawyer.

One of the things the Portal-to-Portal Act requires for time to be compensable is that the activity was “integral and indispensable.” A recent unpaid overtime case from the 11th Circuit Court of Appeals provides a clear example of what it means to be “indispensable.”

The case involved the pay practices of a commercial plumbing company based in Alabama. The company had a shop in Shelby County that housed company-owned trucks, parts, and supplies. Although many plumbers stopped at the shop on their way to job sites, the employer followed a policy that employees’ compensable time started when they arrived at the job site, not when they arrived at the employer’s shop.

Worker Classification Under the FLSA and the Significance of Federal Income Tax Forms W-2 and 1099

April 16, 2025 | Parks, Chesin & Walbert

Whether you are an employer or an employee, it is essential to avoid misconceptions that can lead you down a fruitless path when it comes to the Fair Labor Standards Act. Falling victim to these can lead to mistakes regarding what sort of evidence you do need… and what won’t help. Having a knowledgeable Atlanta wage and hour lawyer on your side can be instrumental in avoiding these errors.

Today, we examine alleged worker misclassification under the FLSA and misconceptions about the significance of a worker’s income tax forms (1099 vs. W-2).

R.V. worked for a “mini casino” in Southwest Florida for five years. The casino classified R.V. as an independent contractor and, when they sent her income tax documents showing her annual earnings, they sent her a Form 1099.

The Rules of Jurisdiction and Deciding Where (and Who) to Sue in Your Georgia FLSA Case

April 9, 2025 | Parks, Chesin & Walbert

Succeeding in a Fair Labor Standards Act lawsuit involves many elements and decisions. For example, the employee who sues must make wise choices regarding who to sue and where to sue. Choosing imperfectly in these regards can leave the employee vulnerable to dismissal (and give employers a crucial tool to avoid litigating a case in a faraway location.) Whether you are an employee who has been denied compensation that complies with the law or you are an employer facing a potential FLSA lawsuit, an experienced Atlanta wage and hour lawyer can answer all your questions about court jurisdiction and FLSA lawsuits.

A recent unpaid overtime and minimum wage case from Athens, Georgia, illustrates how an employee’s flawed choices regarding where to file and whom to sue can lead to dismissal.

The employee was a truck driver for a trucking company based near Nashville, Tennessee. The trucker’s lawsuit alleged that the employer illegally classified him as an independent contractor rather than an employee. As a result, the driver’s compensation violated overtime and minimum wage laws, according to the suit.

What an Employer Does (or Does Not) Need to Challenge an Employee’s FMLA Certification in Court

March 31, 2025 | Parks, Chesin & Walbert

Whether you are an employer or an employee, it is imperative to understand what the Family and Medical Leave Act does (and does not) require if you are hurt on the job. In particular, one should note what obligations the law does (or, more specifically, does not) impose on an employer that doubts the reality (or, at least, the severity) of an employee’s injuries, even when that employee has a certification from a medical provider. Like all procedural aspects of the FMLA, this process demands careful understanding of what the law allows, which is why having advice from a knowledgeable FMLA interference lawyer can be critical.

A recent FMLA interference case from our west delves into the question of an employer’s contesting an employee’s certification, even without a contrasting opinion from a different medical provider.

The employee, T.P., was an underground haul truck driver. One day, the driver reported hitting a mine wall while driving, causing his chest to slam into the armrest of the driver’s seat. The driver’s X-rays were normal, but based on the severe pain the driver reported, his doctor certified two-plus weeks of time off work. The driver used FMLA leave to cover that absence.

Mootness, FLSA Lawsuits, and the Importance of Strategic Decision-Making in Resolving Your Case

March 25, 2025 | Parks, Chesin & Walbert

Fair Labor Standards Act litigation matters, like most civil lawsuits, involve many decisions, including strategic ones. A party may make some decisions, such as settling despite their case’s perceived strength, simply because strategic considerations dictate that it is wise. The importance of wise decision-making in your FLSA lawsuit is one of the many areas where having representation provided by an experienced Atlanta wage and hour lawyer can provide invaluable benefits.

One example of this type of strategic decision-making involves certain lower-amount unpaid compensation cases. Sometimes, potential collateral costs—like paying the other side’s attorney’s fees—may be so substantial and the sum the employee seeks so comparatively small that those figures dictate tendering a full amount to the employee simply to avoid the risk of a major attorney’s fees expense.

A recent unpaid overtime case from Texas shows how an employer can use the mootness doctrine to its advantage in an FLSA case.

Electronic Signatures, Arbitration Agreements, and FLSA Lawsuits in Georgia

March 17, 2025 | Parks, Chesin & Walbert

Modern technology has created many advantages for employers and employees. Today, an employee and an employer can enter into an agreement even with the employee situated hundreds of miles from the employer’s nearest office. Proper electronic security is one thing that employers and employees alike should keep in mind when it comes to e-signatures and online onboarding. If a dispute arises later and the employee seeks to escape parts of her contract — such as an arbitration clause — the employer needs to be equipped with clear evidence showing that the signature occurred at the time of onboarding and could only have been entered by the employee. For questions about arbitration agreements and Fair Labor Standards Act cases, talk to a knowledgeable Atlanta wage and hour lawyer with experience handling this type of dispute.

A recent subminimum wage case involving pizza delivery drivers is a good example of the issues that may be involved in electronic agreement signature matters.

The drivers, O.R. and W.S., signed on to deliver food for a major Pizza Hut franchisee. In October 2023, they filed what they hoped would become a class action lawsuit against their employer, alleging that the franchisee illegally paid them subminimum wages.

FMLA Retaliation and Interference Cases Against Public Employers

March 10, 2025 | Parks, Chesin & Walbert

Potential Family and Medical Leave Act (FMLA) violations might seem like straightforward black-and-white issues. Often, though, they are not. The FMLA contains many complex and nuanced elements. That is especially true if your FMLA matter involves an exceptional circumstance, such as when the family member requiring care is a military service member or when you work for a public employer. Whatever details and statutes your dispute implicates, your case needs — and deserves — advocacy provided by an experienced Atlanta FMLA retaliation and interference lawyer.

An FMLA case recently before the federal 11th Circuit Court of Appeals (which covers Georgia, Alabama, and Florida) examines this issue of caring for Armed Forces members and the FMLA.

The employee was a mom who worked as a program director for a public university in Alabama. In 2020, the director’s daughter endured a sexual assault at her Marine base, and the director requested FMLA leave to travel to Hawaii and care for her daughter.

‘Donning’ and ‘Doffing,’ Reasonable Time Versus Actual Time, and What It Takes for Pay Practices to Comply with the FLSA

February 28, 2025 | Parks, Chesin & Walbert

One of the more thorny Fair Labor Standards Act issues for employers is ensuring proper compensation of employees who spend time doing activities that are essential but tangential to their jobs. Even if workers spend only minutes each day on these activities, the law says they are entitled to payment for that time, so employers should ensure that they are recording and compensating this time appropriately. Given how complicated this can be, consulting an experienced Atlanta wage and hour lawyer is vital to ensuring that your pay practices comply with the law.

Previously, this blog published posts, including one earlier this month, about questions surrounding the proper compensation of office workers for the time they spent starting up and shutting down their computers (and various applications necessary for their work.) Another area of industry where pre-shift/post-shift tasks may present pay problems is manufacturing, specifically, manufacturing workers who must put on and take off essential personal protective equipment (PPE) at the beginning and end of each shift.

In December, a federal appeals court in Philadelphia addressed this issue of pre-shift/post-shift duties. The defendant was an employer that operated a battery manufacturing and recycling facility. The employer required certain workers at the plant to wear special uniform clothing, safety glasses, hard hats, and other PPE. Some workers also had to shower at the end of each shift.