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Articles Posted in FLSA

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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…

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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…

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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…

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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…

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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…

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Job’s Required Use of Discretion Derails Loan Underwriters’ Overtime Lawsuit in Sixth Circuit

In a recent case (and a noteworthy one to Tennessee employers and employees) that continues the exploration of which employees are, or are not, qualified under the Fair Labor Standards Act to receive overtime pay, the Sixth Circuit Court of Appeals ruled that a bank’s failure to pay its residential…

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Appeals Court Applies Agricultural Exception to Case Involving Tennessee Worm Farmers

Workers at a business that housed, raised, and sold worms for fishing bait lost another round in their case seeking compensation for unpaid overtime. The Sixth Circuit Court of Appeals agreed with a Chattanooga-based federal district judge that the agriculture exception to the Fair Labor Standards Act’s overtime pay requirement…

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Georgia Exotic Dancer Launches New FLSA Lawsuit Against Athens Club

A woman who previously worked as an exotic dancer at an Athens club recently launched a class action lawsuit accusing her former employer of violating the Fair Labor Standards Act. According to the former employee, the club improperly withheld wages, overtime pay, and tips by improperly classifying her as an…

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Georgia Supreme Court Says Home Care Workers Covered by State’s Minimum Wage Law

In a unanimous decision, the Georgia Supreme Court ruled in November that home care workers who are employed by third-party service providers and perform their jobs in the homes of the employers’ clients are not exempt from the Georgia minimum wage law. The employees, who may have opened the door…

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