An employer will usually vigorously litigate a lawsuit alleging that it violated the Fair Labor Standards Act. Sometimes, though, the employer will not act. The deadline for filing passed with no answer… no other pleadings… nothing. When that happens in an unpaid overtime lawsuit, the worker may pursue something called…
Atlanta Employment Attorneys Blog
A Federal Appeals Court Has Taken Down the 80/20/30 Rule for Applying the Tip Credit
Last month, an important federal court ruling wiped out a new U.S. Department of Labor Rule expanding salaried employees’ eligibility for overtime compensation by narrowing employers’ ability to apply certain exemptions. A few months earlier, a different federal court ruling from Texas also significantly impacted wage and hour law, but…
Employers’ Recordkeeping Obligations Under the FLSA and the Dangers of Not Making Court-Ordered Pay Record Disclosures
Under the terms of the Fair Labor Standards Act, employers have numerous obligations. In addition to paying covered workers a minimum wage and time-and-a-half overtime compensation, employers also have an obligation to keep to an array of records related to their workers, the time they worked, and the compensation they…
When an Employee’s Travel is (or is Not) Compensable Under the FLSA
Millions of Americans commute to and from work every day. For many others, getting to work is more complex, involving extended travel and multi-day (or weeks-long) stays away from home. While the Fair Labor Standards Act does not include daily commuting to and from home among the hours for which…
A New Federal Court Ruling Has Blocked the Implementation of the Rule Raising Minimum Salary Floors for FLSA Exemptions
In April, this blog covered the publication of a new Final Rule from the U.S. Department of Labor regarding the executive, administrative, professional, outside sales, or computer employee (EAP) and the highly compensated employees (HCE) exemptions to the overtime provisions of the Fair Labor Standards Act (FLSA). The new rule…
The Situations that Do (and Do Not) Entitle a Father-to-Be to FMLA Leave Before the Child is Born
Welcoming a new child is often a joyous experience. It also can involve challenges that create a need to miss work. Taking an absence under the Family and Medical Leave Act may be an option for some. However, Employers and employees should note that not all pre-birth absences are covered…
How Procedural Requirements May Help – or Doom – Your Unpaid Overtime Case in Georgia
Claiming “time of the essence” is a common marketing technique. Sellers use deadlines to create a sense of urgency and motivate buyers to act. In sales, a deadline may not be real; it may be merely an artificial tool to pique the customer’s emotions. In law, time really is of…
What to Do (and Avoid Doing) to Minimize Your Risk of Liability Exposure for Illegal Retaliation
Decisions made on impulse or driven by emotions often make bad situations worse. As an employer, dealing with your alleged Fair Labor Standards Act violation the wrong way can significantly expand the legal liability you may face. A minimum wage or unpaid overtime violation is one thing; a minimum wage…
What Will (and Won’t) Demonstrate Pretext in a Title VII Employment Discrimination Case
In employment discrimination cases, most employers will present some sort of facially valid basis for their actions. The crux of many cases, as a result, can come down to the worker’s ability to show that the employer’s stated reason was just a pretext for discrimination. Employees who fail to do…
Breastfeeding Awareness Month Has Ended, But It’s Still the Right Time to Focus on the Requirements of the PUMP Act and the FLSA
National Breastfeeding Awareness Month may have ended a few weeks ago (August 31) but any time is a good time for employers and employees who are new (or expecting) mothers to familiarize or re-familiarize themselves with the rights and responsibilities that federal and state laws lay out for workers who…