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…
Articles Posted in FLSA
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…
The Importance of Getting a Release Agreement — and Getting the RIGHT One — When Settling Your FLSA Case in Georgia
You’ve finally done it. With the help of your skillful Atlanta minimum wage and unpaid overtime lawyer, you’ve successfully negotiated the terms of a settlement that’s agreeable to both sides. The defense gets to stop litigating and you get compensated. So, getting your check and dismissing your case are all…
What Happens When an Employer Willfully Misclassifies a Worker as an Independent Contractor Instead of an Employee
Regrettably, employee misclassifications occur all too frequently. Sometimes, they may be the result of good-faith errors. Other times, though, the employer knew (or should have known) that it was not following the law. When that happens, you can seek a finding in your unpaid overtime case that your employer willfully…
Federal Law Prohibits Employers from Retaliating Against You for Pursuing Your Rights Under the FMLA and the FLSA
When it comes to things like minimum wage, overtime, and Family and Medical Leave Act (FMLA) leave, there are multiple different ways that your employer can violate the law. First, there’s the violation itself, in which your employer denies you what the statute demands. Additionally, though, many cases involve retaliation,…
Getting Technical: How an Experienced Atlanta FLSA Attorney Can Help When Your Case Presents Procedural Issues
Sometimes, some people can lull themselves into a false sense of confidence when it comes to litigating their unpaid overtime, minimum wage, improper classification, or other Fair Labor Standards Act case. They may tell themselves they don’t need an experienced Atlanta employment lawyer. They might say to themselves “I worked…
How Long You Have to Take Legal Action in Georgia If You’ve Been Denied Overtime or a Minimum Wage
In certain areas of business, sports, or life in general, it is often said that “timing is everything.” If you are someone whose employer has failed to pay you appropriate overtime compensation or pay you in accordance with minimum wage laws, timing isn’t everything but it is undeniably a crucially…
Successor Liability and Your Federal Unpaid Overtime Case in Georgia
When your employer fails to pay you what you’re owed under the law, you inevitably are going to face certain challenges in getting that compensation. Having your employer engage in legal subterfuge to avoid paying you should not be one of them, but it does happen. Any time you need…