Atlanta Employment Attorneys Blog

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.

The Impact of President Trump’s New Gender Identity Executive Order on Private Employers in Georgia

February 21, 2025 | Parks, Chesin & Walbert

President Donald Trump signed a sweeping array of executive orders on the first day of his second term in office. One that has received much of the spotlight was Executive Order (EO) Number 14168, entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The signing of EO 14168 is a clear marker that the rules surrounding workplace gender identity discrimination are changing for some employers and employees but remain the same in most private workplaces. If you have questions about your (or your employer’s) compliance, make sure to consult an experienced Atlanta gender identity discrimination lawyer to get the answers you need.

One of the key areas receiving attention has been the impact of EO 14168 on trans rights. The order functionally eliminates all recognition of gender identity within the federal government. Under the order, a person is identified by their biological sex assigned at birth, regardless of the gender with which they identify.

This order likely has inspired many questions. One of these is how much the responsibilities of private employers and the rights of private employees in Georgia will change now that the new EO is in effect.

Georgia Call Center Employees Seek Compensation for Time Spent Booting Up and Shutting Down Their Work Computers

February 14, 2025 | Parks, Chesin & Walbert

New technologies affect all aspects of our work lives. Workers who once wrote their clock-in and clock-out times on paper cards eventually began “punching” in and out using automated machines. Later, they clocked in and out on special electronic timekeeping machines, and eventually, timekeeping became a computerized function. With each evolution, keeping an accurate record of employees’ time worked has presented challenges. However, at each step, the law places the onus on the employer to ensure that its timekeeping records are accurate and that all employees are paid for all the hours they worked. If you believe your employer has illegally underpaid you — or you are an employer concerned about unpaid hours compliance issues — an experienced Atlanta wage and hour lawyer can provide you with essential information and advice.

Just to our south, in Macon, significant legal action is unfolding regarding timekeeping accuracy and unpaid hours in violation of the Fair Labor Standards Act.

The facts underlying the representatives’ claims are similar to those asserted in previous lawsuits in other jurisdictions. The representatives, who worked in the insurer’s call center in Macon, were required to log into a software application to take customer calls and log out of the application at the end of each shift. The application tracked the time each representative was logged in, and the employer paid representatives based on that timer.

Georgia’s Legislature Weighs Ending the Legal Payment of Subminimum Wages to Workers With Disabilities

February 7, 2025 | Parks, Chesin & Walbert

A new bill pending in the Georgia Legislature would end a decades-old practice of employers legally paying some workers a wage well below the federal minimum. The legislation currently pending in the state senate is a reminder that, like all aspects of the law, wage and hour law is constantly evolving. To ensure compliance with the latest changes, you should speak to a knowledgeable Atlanta wage and hour lawyer with a fully up-to-date understanding of the law.

Georgia is one of 23 states that have banned subminimum wages or are considering legislation to end them. The legislation, Senate Bill 55, is called the “Dignity in Pay Act” and is a bipartisan initiative with three Democratic and four Republican sponsors.

The Georgia Council of Developmental Disabilities estimated that roughly 250 Georgians worked at jobs paying a subminimum wage. If the bill becomes law, employers currently paying subminimum wages would have to pay all workers an hourly rate at or above the minimum wage by 2027.

What a Recent FMLA Retaliation Case Demonstrates about the Importance of Where a Dispute is Litigated

January 31, 2025 | Parks, Chesin & Walbert

Many variables may influence the eventual outcome when you decide to pursue (or need to defend) a Family and Medical Leave Act (FMLA) retaliation case. One that can sometimes be overlooked is where the case gets litigated. As a recent FMLA retaliation case from Oklahoma illustrates, the law is not always identical across all the federal circuits, creating variations that can make the difference between a dismissal and a case litigated all the way to trial. If you have questions about your matter (or potential case,) be sure to speak with a knowledgeable Atlanta FMLA retaliation lawyer.

Supervisor liability in an FMLA retaliation lawsuit is one of those issues where the venue of the case can make a huge difference.

Take, for example, a dispute between an IT worker at a public university, M.W.D., and the institution’s board of regents. The employee’s complaint alleged that the university fired her for taking FMLA leave, but the school contended it fired the woman for falsifying her absence reports.

The U.S. Supreme Court Clarifies the Standard of Proof for FLSA Exemption Disputes

January 24, 2025 | Parks, Chesin & Walbert

When you pursue or defend an unpaid overtime case under the Fair Labor Standards Act, there are a lot of variables and uncertainties. One thing that is certain, in the wake of a recent U.S. Supreme Court ruling, is the standard of proof that applies when the dispute centers around exempt-versus-nonexempt classifications. Even with the court deeming that the less-rigorous burden applied, employers should be aware that proving the applicability of an exemption still requires substantial evidence and deep knowledge of the law. Ensuring you have the right Atlanta wage and hour lawyer on your side can make all the difference in clearing this evidentiary hurdle.

The recent Supreme Court case began in a Maryland federal court. A group of sales representatives sued their employer for unpaid overtime. The employer contended that it owed the representatives no overtime because they were exempt employees. (Specifically, the employer deemed the representatives covered by the FLSA’s “outside salesman” exemption.)

The trial court ruled in favor of the employees, concluding that the employer failed to show “by clear and convincing evidence” that the exemption applied. The 4th Circuit Court of Appeals upheld that decision.