An Atlanta wrecker and towing service found itself in court after two drivers accused it of illegally failing to pay them the overtime compensation they were properly due under the Fair Labor Standards Act. The court’s summary judgment ruling in the case includes vital lessons for employers when it comes…
Articles Posted in Unpaid Overtime
Which Workers Are (and Aren’t) Exempt from Overtime Compensation as a Result of Their Executive Duties
In the tragedy of Romeo and Juliet, William Shakespeare asked the timeless literary question, “What’s in a name? That which we call a rose / By any other name would smell as sweet.” Those lines highlight the truth that changing a name or a title does not, by itself, change…
When an Employer Can — and Can’t — Use a Statutory Exemption Argument as a Stopper Against an Unpaid Overtime Claim
In some ways, wage and hour law can be like the game of bridge. Each has various sets of rules that can layer on top of (or intertwine with) one another. In each setting, the difference between success and defeat often can come down to which side understands, utilizes, and…
Sovereign Immunity and Successfully Pursuing an Unpaid Overtime Claim Against Your Public Employer in Georgia
Sometimes, an unpaid overtime case is relatively straightforward. Other times, though, unpaid overtime cases can involve many layers and complexities, including issues like an employer’s potential immunity from liability. Whether you are an employee or an employer, it is crucially important to understand all of your rights and responsibilities under…
FLSA Exemptions and the Burden of Proof in a Federal Unpaid Overtime Case in Georgia
A recent unpaid overtime ruling, while not occurring here in Georgia, is potentially significant to workers and employers here who find themselves embroiled in a dispute regarding the applicability of an exemption to the overtime pay requirements of the Fair Labor Standards Act. The recent case involved the proper burden…
When Tolling Will — and Won’t — Save an Unpaid Overtime Case Filed After the FLSA’s Statute of Limitations Has Elapsed
It’s highly important to recognize all of the procedural demands involved in unpaid overtime cases. This is critical both from the perspective of ensuring that you’ve done everything the rules mandate and also from the perspective of taking proper steps to strengthen your position when the opposing side fails to…
When a Reduction of a Worker’s ‘Regular Rate’ of Pay Crosses from a Permissible Modification to an Illegal Dodge of the Requirements Imposed by the FLSA
Employers have several tools at their disposal to cut costs, including the expenses that go with paying their workers. The law gives employers considerable latitude in modifying workers’ pay if those workers have begun putting in longer hours but, as any knowledgeable Atlanta unpaid overtime lawyer can tell you, when…
The Federal Court Procedure for Terminating a FLSA Case Partially Resolved Via Settlement
Currently, the law allows restaurant employers to pay employees a base rate below the mandatory minimum wage as long as those workers ultimately end up receiving total compensation that works out to be more than the minimum hourly requirement (which, here in Georgia, is $7.25.) If you find it necessary…
A New Wage and Hour Ruling from the U.S. Supreme Court and Its Potential Impact on Some High-Earners in Georgia
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…
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…