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Articles Posted in Wage & Hour

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Default Judgments and FLSA Lawsuits in Federal Court

An employer will usually vigorously litigate a lawsuit alleging that it violated the Fair Labor Standards Act. Sometimes, though, the employer will not act. The deadline for filing passed with no answer… no other pleadings… nothing. When that happens in an unpaid overtime lawsuit, the worker may pursue something called…

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A Federal Appeals Court Has Taken Down the 80/20/30 Rule for Applying the Tip Credit

Last month, an important federal court ruling wiped out a new U.S. Department of Labor Rule expanding salaried employees’ eligibility for overtime compensation by narrowing employers’ ability to apply certain exemptions. A few months earlier, a different federal court ruling from Texas also significantly impacted wage and hour law, but…

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Employers’ Recordkeeping Obligations Under the FLSA and the Dangers of Not Making Court-Ordered Pay Record Disclosures

Under the terms of the Fair Labor Standards Act, employers have numerous obligations. In addition to paying covered workers a minimum wage and time-and-a-half overtime compensation, employers also have an obligation to keep to an array of records related to their workers, the time they worked, and the compensation they…

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How Procedural Requirements May Help – or Doom – Your Unpaid Overtime Case in Georgia

Claiming “time of the essence” is a common marketing technique. Sellers use deadlines to create a sense of urgency and motivate buyers to act. In sales, a deadline may not be real; it may be merely an artificial tool to pique the customer’s emotions. In law, time really is of…

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What to Do (and Avoid Doing) to Minimize Your Risk of Liability Exposure for Illegal Retaliation

Decisions made on impulse or driven by emotions often make bad situations worse. As an employer, dealing with your alleged Fair Labor Standards Act violation the wrong way can significantly expand the legal liability you may face. A minimum wage or unpaid overtime violation is one thing; a minimum wage…

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Breastfeeding Awareness Month Has Ended, But It’s Still the Right Time to Focus on the Requirements of the PUMP Act and the FLSA

National Breastfeeding Awareness Month may have ended a few weeks ago (August 31) but any time is a good time for employers and employees who are new (or expecting) mothers to familiarize or re-familiarize themselves with the rights and responsibilities that federal and state laws lay out for workers who…

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The FLSA’s Pay Practice Rules Regarding Inclement Weather-Related Business Closures

Compliance with the federal overtime compensation and the minimum wage standards can be affected by many things… even the weather. These wide and varied influences on businesses’ compliance with the Fair Labor Standards Act (and accompanying regulations) serve as a reminder that ensuring compliance is an extensive and multifaceted project.…

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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…

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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…

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Recent Actions by the U.S. Department of Labor Point to Ways Employers May Run Afoul of Rules Governing Tipped Worker Pay

Many bartenders, restaurant servers, and others in the hospitality industry depend on tips for a substantial portion of their compensation. In these industries, minimum wage and overtime disputes are common, whether they arise from good-faith recordkeeping errors or intentional misconduct by employers. Whether you are an employer or a tipped…

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