In an important new ruling, the U.S. Supreme Court recently clarified the standards under which a worker does (or does not) qualify as a salaried exempt employee for purposes of overtime compensation. The 6-3 decision in favor of an oil rig worker clarifies that just because an employee earns a…
Articles Posted in FLSA
The Impact of the Fair Labor Standards Act and Break Rules on Georgia Employees Who Work from Home
Today, remote work is more common than ever before, with much of explosion coming in the last 2-3 years. With that vast growth of people working from home comes new and different ways that employers can run afoul of federal wage and hour laws. If you’re a non-exempt employee working…
An FLSA Class Action, Collective Action, or Individual Action: Which One Makes the Most Sense for My Unpaid Overtime Claim?
If your employer has denied you overtime pay that you earned, you potentially have several possible legal options. You can seek compensation individually, you can initiate a class action, or you can pursue a collective action under the Fair Labor Standards Act. Determining which avenue makes the most sense can…
What Happens if My Employer Takes an Automatic Pay Deduction for Meal Breaks But I Did Not Actually Get My Break?
In wage and hour law, as with any area of the law, there are issues that arise with elevated frequency at certain moments in time. (For example, a few years ago the courts saw a flurry of employee-versus-independent-contractor misclassification cases involving exotic dancers.) More recently, an issue before multiple different…
The FLSA, the Agriculture Exemption, and a Class Action by ‘Independent’ Poultry Farmers Alleging Misclassification
An ongoing case in federal court in Macon represents a potentially important data point in an emerging area of Fair Labor Standards Act misclassification litigation: lawsuits between big agribusiness entities and the farmers with whom they work. These farmers are typically classified by the agribusiness companies as independent contractors, but…
Company Holiday Parties in Georgia and How They Can Run Afoul of Sexual Harassment or Wage and Hour Laws
Employers celebrating the holidays with company-wide parties are increasing in numbers. While not at 2019 levels, research shows that, in 2022, more than half are having in-person events. With office holiday parties returning, so too are the legal risks that run concurrently with them. Whether you’re an employer or an…
A Recent Federal Appeals Court Decision Serves as a Reminder of the Breadth of the FLSA’s Anti-Retaliation Protections
Many workers probably know that they can pursue legal action if they incur retribution from their employer for speaking out against discrimination or harassment. However, Title VII isn’t the only law with a prohibition against retaliation. You may also be entitled to hold your employer accountable if they punished you…
Flex Pay, Fluctuating Workweeks, and How the Fair Labor Standards Act Impacts Workers Working Those Kinds of Jobs
Many workers’ work schedules vary from week to week, both in terms of schedules and the total number of hours worked. The law allows employers whose employees work fluctuating workweeks several options for compensating those workers. Other methods for paying fluctuating-workweek employees, however, run afoul of the Fair Labor Standards…
The U.S. Department of Labor Just Announced a New Proposed Rule for Independent Contractor Classifications: What it May Mean for You
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,…
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…