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…
Articles Posted in Unpaid Overtime
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…
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,…
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…
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…
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…
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…