Close

Articles Posted in FLSA

Updated:

Proper Methods for Calculating Hourly Rate of Pay for Employees on Commission to Determine Compliance with FLSA

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,…

Updated:

FLSA Retaliation Claims Against Individuals Associated with an Employer

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…

Updated:

Eleventh Circuit Upholds Lower Court, Denies Valets the Right to Sue over Alleged Unpaid Tips

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…

Updated:

Staffing Agency Can’t Use Arbitration Clause in Employment Contract to Stymie Workers’ FLSA Class Action

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…

Updated:

Tennessee Cable Installers’ FLSA Class Action Goes Back Before Sixth Circuit After U.S. Supreme Court Ruling

A multi-million dollar class action case involving numerous Tennessee cable TV installers who were wrongly denied overtime pay will once again go before the Sixth Circuit Court of Appeals. In a very short order, the U.S. Supreme Court ordered the Sixth Circuit to take another look at the installers’ case…

Updated:

Eleventh Circuit: Proof of Employee’s Understanding of ‘Fluctuating Workweek’ Pay Dooms FLSA Claim

The Fair Labor Standards Act allows employers to use various different methods to pay employees while still remaining compliant with the law. One of these methods is the “fluctuating workweek method,” or paying a base weekly salary to an employee regardless of the hours the employee worked. The key to…

Updated:

11th Circuit Allows Employees to Bring FLSA Collective Action and State Class Action in One Case

A recent ruling by the 11th Circuit Court of Appeals is an important one for Georgia employers and employees to note, since it may affect some potential minimum wage and overtime cases. In the new decision, the 11th Circuit decided that it would join numerous other circuits in concluding that…

Updated:

Georgia Employer Allowed to Keep Some of Employees’ Tips as Long as Employees Received Minimum Wage

A decision from a federal court in Atlanta this summer became the latest in a group to reject a recently created regulation by the U.S. Department of Labor declaring tips to be the property of employees in all circumstances, regardless of whether the tips were needed to raise the employee’s…

Updated:

Georgia Bodyguard’s $65K Damages Award in Unpaid Overtime Case Withstands Appeal

Recent court cases have addressed a steadily wider array of workers — from exotic dancers to NFL cheerleaders to home health workers to, most recently, a hip-hop music producer’s bodyguard — and whether those workers’ employment situations qualify them for the minimum wage and overtime protection of the Fair Labor…

Contact Us