For many workers in this so-called “gig” economy, one of the biggest issues they (and the entity that retains their services) must confront is whether that worker is an independent contractor (who is not covered by many of the protections of the Fair Labor Standards Act) or an employee (who,…
Articles Posted in FLSA
A Georgia Brewery is Ordered to Compensate Two Workers It Fired After They Questioned the Employer’s Pay Practices
One would hope that business owners and managers would always conduct themselves with professionalism and circumspection when dealing with inquiries from their employees. Reality tells us something different. Too many employers, when approached by an employee about issues like the employer’s pay practices, eschew restraint in favor of vindictive, vengeful…
The Limits of Arbitration Agreements in Minimum Wage and Unpaid Overtime Cases in Georgia
In many fields of employment, an employer may seek to obtain its employees’ signatures or agreements in which those workers sign away their right to sue in court for certain claims, such as unpaid overtime or minimum wage disputes. In place of a trial in court is a hearing before…
When Your Work in Georgia May Be ‘Agriculture’ for Purposes of Your H-2A Visa, But Not ‘Agriculture’ for Purposes of the FLSA
According to the Georgia Department of Economic Development, agribusiness represents the state’s leading industry, checking in with $74 billion in annual economic impact. That means that a lot of workers in this state are exempt from the minimum wage and overtime provisions of the Fair Labor and Standards Act, based…
Working for Food? What the Law Says About Non-Traditional Methods of Compensating Workers
There are lots of reasons an employer might want to pay a worker or former employee in an unconventional way. It might be a marketing promotion, it might be an attempt to embrace cutting-edge currencies, or it might be a passive-aggressive expression of hostility. Whatever the reason, workers and employers…
The Importance of Rules Compliance in Your Federal FLSA Lawsuit, and What to Do When Your Employer Doesn’t Follow the Rules
In 2014, a children’s author released her new book for 4-7 year-olds, entitled I Can Follow the Rules. The benefit of following the rules is a lesson taught from a young age. Failure to follow the rules has its own set of potential consequences. That’s true whether you’re a student…
A North Georgia Insurance Agency Owes $50K After Firing an Employee for ‘Inquiring About Pay’
Employees should be free to assert their rights under the Fair Labor Standards Act, including asking questions about their employers’ pay practices. Unfortunately, too often, asserting those rights comes with a job-related price, up to and including losing one’s job. When that happens, that may represent illegal retaliation, which is…
Overcoming an Exempt Employee Classification When Your Duties Really Indicate Non-Exempt Status
Many employers derive substantial economic benefits from classifying workers as independent contractors. The classification means those are not entitled to receive overtime pay, a minimum wage, or additional benefits (like health insurance) that the employer provides only to employees. Due to these economic realities, many employers will classify workers as…
The U.S. Labor Department Has Investigated Another Georgia Tire and Auto Service Business, This Time Collecting $161K in Back Owed Wages
Employers in the auto services industry improperly paying their workers in ways that do not comply with federal minimum wage and/or overtime laws is not uncommon. In fiscal year 2021 alone, The U.S. Labor Department’s Wage and Hour Division performed more than 500 investigations of employers in the auto services…
When Your On-Call Hours Are Compensable (Including Overtime Pay) Under the Fair Labor Standards Act
Every winning case begins with several essential ingredients. One of those is a well-written complaint filed in the correct court. If you are someone who believes that your employer has denied you the overtime pay you were legally owed, then you should get in touch with an experienced Atlanta unpaid…