Domestic workers (like nannies and housekeepers) are a diverse group. Even fictional depictions range from Julie Andrews’ Mary Poppins to Robin Williams’ Mrs. Doubtfire. In real life, these workers often put in long hours, working more than 40 hours a week. Those facts may mean that a nanny or housekeeper…
Articles Posted in Wage & Hour
A Georgia Delivery Driver Wins Payment of Post-Judgment Collection Costs and Fees Following a Successful FLSA Claim
Food delivery drivers frequently can be the victims of Fair Labor Standards Act violations. That can include improperly underpaying drivers who use their personal vehicles for deliveries (by paying them only the minimum wage and then not properly paying them for the vehicle expenses they incur,) or illegally underpaying them…
Exotic Dancers and Employment Classification: What a Series of FLSA Cases Can Teach, Even if Yours is Not an ‘Adult’ Business
One of the emerging areas in Fair Labor Standards Act litigation centers on the misclassification of exotic dancers. Several groups of dancers have successfully sued clubs for illegally misclassifying them as independent contractors instead of employees. While this industry may be relatively small, these misclassification cases hold significance for more…
The Consequences of Employees Working Off the Clock
Workers can encounter many forms of misconduct that amount to violations of the Fair Labor Standards Act. One of these issues relates to work performed off the clock. Whether you are an employee or an employer, if you have questions about unpaid hours and the FLSA, be sure to get…
An Unpaid Overtime Case from Atlanta Sheds Light on the Importance of Keeping Good Pay Records
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…
The U.S. Department of Labor Proposes a Major Modification in the Salary Threshold Tied to the FLSA’s Executive and Administrative Exemptions
Earlier this year, the Fair Labor Standards Act celebrated its 85th anniversary. Later this year, the executive and administrative exemptions will also turn 85 years old. The FLSA helps ensure workers receive fair compensation, while the exemptions provide important aid to employers. Whether you are an employer or an employee,…
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,…
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…
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…
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…