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…
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…
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…
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…
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…
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…
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…
Some employees work at the same location, performing the same role every day. A lot of workers, however, do not. They may work for their employer in multiple locations and perform various roles. Employees in this latter category may be at an exceptionally high risk of suffering the harm of…
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…
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…