Under the Fair Labor Standards Act, employers are obligated to pay employees in accordance with certain statutes, rules, and regulations. Failure to do so can result in an Atlanta employment lawsuit being brought against the employer under the Act. Generally speaking, an employee who is fired in retaliation for asserting…
There are several different issues that may arise in a Georgia wage and hour case. One of these issues is the question of whether a worker has been properly classified as an employee or as an independent contractor. This is an important distinction because independent contractors are usually exempt from…
If your employer is shaving your hours, don’t think you’re powerless to stop it. Save the evidence you do have, and don’t worry about the evidence you don’t have — holding employers accountable and collecting your due is an achievable result. Ideally, the relationship between employers and their employees is…
Employers may sometimes be faced with the need to get creative when their preferred methods for compensating workers don’t necessarily mesh neatly with statutory requirements. For example, balancing an interest in compensating sales workers solely on commission may sometimes present challenges when it comes to remaining compliant with the Fair…
The Fair Labor Standards Act provides protections for workers when it comes to minimum wage as well as overtime. The FLSA’s protections are wide-reaching and contain few exceptions. Nevertheless, a church attempted to evade the law by having its buffet restaurant staffed mostly by unpaid “volunteers.” The U.S. Department of…
A recent unpaid overtime case originating in Tennessee placed into conflict two competing legal concepts: an employee’s right to pursue collective action litigation under the Fair Labor Standards Act and an employer’s right to obtain employees’ waiver of their right to sue under the terms of contractual arbitration agreements. This…
A law student once joked with his law professor, who was discussing a topic that involved math skills, by interjecting, “Excuse me, sir. I must object. I was told there’d be no math (in law school).” While perhaps a good source of humor after a long day of legal studies,…
A recent employment law ruling from the Ninth Circuit Court of Appeals has created quite a bit of buzz among legal observers. In that case, the Ninth Circuit decided that the Fair Labor Standards Act’s prohibitions against retaliation were broad enough to allow a dairy worker to sue his employer’s outside…
In an important recent ruling, the 11th Circuit Court of Appeals has affirmed the decision of an Atlanta-based federal District Court, denying an employee the opportunity to pursue a class action against her employer for keeping some of the employees’ tips. The key to the employer’s victory in both courts…
A major national staffing services company could end up in legal hot water regarding the way it handled its time-keeping practices for some of its remote workers. A class of “virtual call center” employees launched a collective action accusing the company of violating the Fair Labor Standards Act by failing…