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Articles Posted in FLSA

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What to Do (and Avoid Doing) to Minimize Your Risk of Liability Exposure for Illegal Retaliation

Decisions made on impulse or driven by emotions often make bad situations worse. As an employer, dealing with your alleged Fair Labor Standards Act violation the wrong way can significantly expand the legal liability you may face. A minimum wage or unpaid overtime violation is one thing; a minimum wage…

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Breastfeeding Awareness Month Has Ended, But It’s Still the Right Time to Focus on the Requirements of the PUMP Act and the FLSA

National Breastfeeding Awareness Month may have ended a few weeks ago (August 31) but any time is a good time for employers and employees who are new (or expecting) mothers to familiarize or re-familiarize themselves with the rights and responsibilities that federal and state laws lay out for workers who…

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When Employers Can (and Cannot) Deduct Losses or Expenses from a Tipped Worker’s Pay Without Violating the FLSA

Business owners face many business risks. One that is regrettably on the rise in the food service industry is the “dine and dash,” where customers consume food or drinks, and then leave without paying. The rise of this practice raises some important questions about who pays for dine-and-dashers’ purchases and…

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The Importance of Understanding the FLSA’s Exemptions and Making Proper Exempt/Non-Exempt Classifications

According to the U.S. Bureau of Labor Statistics, more than 13.3 million people held jobs in sales and related occupations in May 2023. This group includes, for purposes of the Fair Labor Standards Act’s minimum wage and overtime requirements, both exempt and non-exempt employees. Employers should proceed carefully in classifying…

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The Application of Federal Overtime Rules to Employers Using Flat-Rate and ‘Piecework’ Pay Models

Whether you are an employer or an employee, it is important to recognize that the Fair Labor Standards Act imposes several limitations on an employer’s pay practices, and employers can run afoul of the law (and its accompanying regulations) in many ways. If you have questions or have identified a…

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Collective Actions Under the Fair Labor Standards Act and Federal Court Jurisdiction in Georgia

Collective actions (which are highly similar to class actions except they litigate workers’ Fair Labor Standards Act claims against their employers) are occurring more frequently. This reality serves as a reminder of the importance, as an employer, of ensuring complete compliance when it comes to the minimum wage, overtime, classification,…

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The FLSA’s Pay Practice Rules Regarding Inclement Weather-Related Business Closures

Compliance with the federal overtime compensation and the minimum wage standards can be affected by many things… even the weather. These wide and varied influences on businesses’ compliance with the Fair Labor Standards Act (and accompanying regulations) serve as a reminder that ensuring compliance is an extensive and multifaceted project.…

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Resolving a Minimum Wage Lawsuit… and Steps to Reduce Risk Before Problems Arise

As an employer, there are many ways to resolve a minimum wage dispute. Sometimes, there is no way within your control to keep the matter from going to trial but, oftentimes, options to avoid time-consuming and potentially expensive litigation exist if you desire to pursue them. When you are facing…

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What a Congressional Bill Could Mean to Georgia Employers When It Comes to FLSA Compliance… and the Penalties Attached to Violations

Across the country, many state and local governments are enacting – or debating — legislation to combat wage theft. Another body considering statutory changes is the federal government, where a proposed bill would substantially increase the penalties on employers found to have violated the FLSA’s prohibitions against wage theft. Whether…

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Lessons About Exempt Versus Non-exempt Classifications from a Recent Call Center Employee Case

As an employer or an employee, compliance with the Fair Labor Standards Act is important to you. If you are a worker, non-compliance often means denial of the total compensation the law says your employer owes you. As an employer, non-compliance can have numerous damaging and costly consequences. If you…

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