Close

Articles Posted in Unpaid Overtime

Updated:

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…

Updated:

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…

Updated:

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,…

Updated:

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…

Updated:

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…

Updated:

The Emergence of AI in the Workplace and How AI Can Potentially Contribute to FLSA Violations

These days, ads for artificial intelligence-related programs and applications seem to be everywhere. AI has the potential to do many beneficial things like making workplaces more efficient and safer. It also has the possibility of negative impacts, including in the area of employment law. The U.S. Department of Labor’s Wage…

Updated:

‘Discretion and Independent Judgment’ Within the Context of the Administrative Exemption to the FLSA’s Overtime Rules

One way for an employer to defeat an employee’s unpaid overtime claim is to establish that the worker was exempt from those provisions in the Fair Labor Standards Act. The law has several types of FLSA exemptions, including the executive exemption, the administrative exemption, the professional exemption, the computer employee…

Updated:

Resolving Your Unpaid Overtime Case Via Mediation or Other Forms of Alternative Dispute Resolution

Once you find yourself involved in a federal Fair Labor Standards Act lawsuit (whether as a plaintiff or a defendant,) you might imagine an elaborate litigation process with an intensely contested trial. Sometimes, that is what happens. Other times, different methods of resolution (that are frequently less involved and less…

Updated:

A Recent Study Found that More than 40% of Georgia Employees Do Work Off the Clock

The COVID-19 pandemic brought about many changes in the world of work, including a massive expansion of remote work. While remote work has been a boon to workers in many ways, it further blurs an already eroding line between when a worker is “on the clock” and off-the-clock time. Both…

Updated:

Overtime and Minimum Wage Violations Cost Employers More Than $150M in 2023

Back in January, the U.S. Department of Labor published its annual report detailing the accomplishments of its Wage and Hour Division. The “WHD by the Numbers 2023” report revealed several key things. One was the cost of employers’ failure to comply with the Fair Labor Standards Act. In 2023 alone,…

Contact Us