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Articles Posted in Wage & Hour Issues

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How a Workplace’s Time Clock Rounding Policy May Constitute a FLSA Violation

A case from outside Georgia serves as a useful reminder to employers and employees alike regarding the Fair Labor Standards Act’s rules regarding “rounding” time a worker works each day. The overarching concept that you need to know is this: if an employer’s rounding policy results in an outcome where,…

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When the Time Spent Putting on and Taking off Specialized Attire or Protective Gear Is — and Isn’t — Compensable

An internet meme about lawyers mines humor from the frequency with which attorneys answer questions with “It depends.” Truthfully, “it depends” very often is the right answer, as many legal disputes that appear similar may yield vastly differing results depending on any number of (or sometimes just a few) key…

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The U.S. Labor Department Issues New Guidance on the Rights of Breastfeeding Workers and the Responsibilities Their Employers Have Toward Them

A few months ago, this blog looked at the impact of the Fair Labor Standards Act on remote workers, including new moms who are breastfeeding or expressing milk during the workday. Today, we’re going to look at a related but separate group: pumping moms working at the employer’s worksite. Whether…

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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…

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The Impact of the Fair Labor Standards Act and Break Rules on Georgia Employees Who Work from Home

Today, remote work is more common than ever before, with much of explosion coming in the last 2-3 years. With that vast growth of people working from home comes new and different ways that employers can run afoul of federal wage and hour laws. If you’re a non-exempt employee working…

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What Happens if My Employer Takes an Automatic Pay Deduction for Meal Breaks But I Did Not Actually Get My Break?

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…

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That Time You Spend Logging On (and Off) Your Work Computer May Be Compensable Under Federal Law

Today, more and more workers do their jobs via a computer. As most computer-based workers know, getting into (and out of) the programs and/or applications necessary to do your job can be time-consuming. What you may not know, however, is that the time spent waiting on a computer could be…

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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,…

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Dismissal of Georgia Judge’s Petition for Mandamus to Collect Back Pay Affirmed on Appeal

Everyone wants to be paid fairly, from the most modestly paid fast food worker to the most highly compensated executive. Even judges want to be paid every penny that they are due. In addition to state and federal laws regarding wage and hour issues, there may be other remedies available…

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Georgia Employee Was Entitled to Pursue Quantum Meruit Pay, Even Though His Employment Contract Was Too Vague to Enforce

Each Atlanta employment law case is unique, with its own set of facts and issues. In addition to matters such as sexual harassment and employment discrimination, the issue of compensation is fairly common. Disputes about an employee’s pay can occur at many different pay levels, from employees who maintain that…

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