Filing an Atlanta employment law claim can be a complicated endeavor. Unlike many other types of cases, there may be pre-filing requirements that, if not complied with, can result in a claim be dismissed later on. If you believe that your employer has violated state or federal law, it is…
Articles Posted in FLSA
Federal Court Grants Summary Judgment to County in Georgia Sheriff Department Employees’ FLSA and Breach of Contract Suit
Under the Fair Labor Standards Act, most employees are entitled to a minimum wage, as well as certain overtime pay benefits. An employee who believes that his or her employer has acted wrongfully under the Act should consult an attorney about the possibility of filing an Atlanta wage and hour…
Federal Appeals Court Hearing Georgia Wage and Hour Lawsuit Says Business Owner Was Protected From Personal Liability Through LLC
An Atlanta employment law case can be complicated by several factors – including the closing of a business or the legal status of a business’s owners. In a recent federal case, the business in question had been established through a rather complex series of agreements between various parties. When the…
FLSA Case Dismissed by Federal Court Sitting in Georgia Due to Issues Related to Employee’s Bankruptcy
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…
Federal Court Holds that Georgia Entertainment Worker is an “Employee” Under FSLA
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…
What to Do If Your Employer Is Falsifying Your Timecard
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…
Meeting the Requirements of the FLSA While Employing Commission-Only Employees in Tennessee
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…
Church Appeals $388K Award of Back Wages Owed to ‘Volunteers’ at Restaurant
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…
Court Refuses to Restrict Tennessee Truck Stop Worker’s Notices in FLSA Collective Action
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…
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,…