The Department of Labor is considering raising the minimum wage an employee must earn to be considered an overtime exempt employee. If the proposed rules raise the wage threshold as expected, millions of workers who thus far have been exempt from overtime pay could be eligible. The federal law that…
The Eleventh Circuit last month affirmed the basic principles of the Fair Labor Standards Act (FLSA) by denying an employer’s attempt to blame its employee’s conduct for the employer’s violation of overtime wage laws. The case, Bailey v. TitleMax of Georgia, involved an FLSA overtime claim brought by an employee…
Generally, an employer must pay employees overtime wages unless the employee is exempt under federal or state law. Determining whether an employee is overtime exempt can be difficult, especially if the employee’s duties are of a mixed nature. In a recent case, the Court of Appeals of Georgia noted that…
Perhaps drawing inspiration from the college bowl games and NFL playoffs, the world of employment law lately seems fixated on the intrigue of overtime, although more in the context of bonus pay than bonus play. While it may not be as thrilling as a Hail Mary pass or as heartbreaking…
In Johnny Cash’s One Piece at a Time, the singer tells the story of an assembly line worker who longs for one of the cars he spends his days building. Instead of pinching pennies, he devises a plan to acquire that car little by little. With an over-sized lunchbox and some help…
“McJobs” may soon come with a side of leverage for workers who find themselves the victims of labor law violations. In a surprising move, the general counsel for the National Labor Relations Board (NLRB) last month permitted regional directors to name McDonald’s Corp. as a joint employer along with its…
A federal court in Georgia recently permitted conditional certification of a class of Home Service Consultants in Randle v. AllConnect, Inc. The plaintiffs seeking conditional certification had charged that their employer, AllConnect, had failed to pay overtime compensation for all hours in excess of 40 per week, and that AllConnect…
A federal court in Tennessee granted in part and denied in part an employer’s motion for summary judgment in a case involving racial discrimination and unpaid wages. In Davis v. FedEx Corporate Services, Inc., Rosie Davis was an African American who began working for FedEx in 1989. Beginning in 2003,…
A federal judge in Georgia recently denied a plaintiff’s motion for conditional certification of a class-action lawsuit over wage and hour violations. In Wallace v. Norcross Associates, LLC, the plaintiffs sought unpaid overtime wages under the federal Fair Labor Standards Act (FLSA). Alvina Wallace and the other litigants were sales…
A federal court in Georgia recently denied a motion to dismiss in a case where an employee alleged wage and hour violations and sexual harassment. In Malphurs v. Cooling Tower Systems, Inc., Amanda Malphurs worked at Cooling Tower Systems in an hourly position from November 2011 to May 2012. Her…