Articles Posted in FLSA

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Filing an Atlanta employment law claim can be a complicated endeavor. Unlike many other types of cases, there may be pre-filing requirements that, if not complied with, can result in a claim be dismissed later on.

If you believe that your employer has violated state or federal law, it is important to talk to an experienced attorney about your situation as soon as possible. An attorney can explain your legal rights, help you investigate your case, and make sure all the appropriate paperwork is filed in a timely manner.

Facts of the Case

In a recent case, the plaintiff was a woman who went to work as an employee financial representative for the defendant company in 2013 and had exemplary job performance for her first two years of employment. After witnessing her husband commit suicide in 2015, however, the plaintiff’s work performance suffered because she was grief-stricken and emotionally raw. According to the plaintiff’s complaint, a few months after her husband’s death, the plaintiff reportedly requested an accommodation, but both her manager and his supervisor refused her request. Thereafter, the plaintiff was granted short-term disability leave. About a year later, the plaintiff was diagnosed with post-traumatic stress disorder. Her work performance continued to deteriorate, her requests for a transfer to a different office were denied, and she was eventually terminated.

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Under the Fair Labor Standards Act, most employees are entitled to a minimum wage, as well as certain overtime pay benefits. An employee who believes that his or her employer has acted wrongfully under the Act should consult an attorney about the possibility of filing an Atlanta wage and hour lawsuit.

In such a suit, the plaintiff has the burden of proof, meaning that he or she must be able to convince the court of his or her entitlement to relief by a preponderance of the evidence.

If he or she is unable to do so, it is likely that the case will be dismissed on summary judgment or at trial.

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An Atlanta employment law case can be complicated by several factors – including the closing of a business or the legal status of a business’s owners. In a recent federal case, the business in question had been established through a rather complex series of agreements between various parties.

When the dust finally settled, a federal appeals court was called upon to determine whether one particular business owner could be held personally liable for the plaintiffs’ employment law claims, even though he was not the “bad actor” whose actions led to the lawsuit.

Facts of the Case

In a recent (unreported) federal appellate case, the plaintiffs were the former general manager and executive chef of an Atlanta restaurant that closed its doors after the plaintiffs and others had filed a number of claims against its owners, including the one defendant (a local celebrity/promoter who conducted business through a limited liability company) who remained in the case when it reached the court of appeals. The plaintiffs’ claims included allegations of breach of contract, failure to pay minimum wage and overtime wages, and fraud.

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Under the Fair Labor Standards Act, employers are obligated to pay employees in accordance with certain statutes, rules, and regulations. Failure to do so can result in an Atlanta employment lawsuit being brought against the employer under the Act.

Generally speaking, an employee who is fired in retaliation for asserting his or her rights under the Act may, additionally, be able to pursue a claim for retaliatory discharge. However, a recent case explained that there are some exceptions to this general rule.

Facts of the Case

In a recent case, the plaintiff was a man who worked for the defendant security company for about a year between July 2015 and July 2016. In September 2017, the plaintiff filed suit against the defendant, claiming that it had fired him in retaliation for his complaints about the defendant’s alleged violation of the Fair Labor Standards Act (FLSA). According to the plaintiff, the defendant had violated the overtime pay requirements of FLSA, stolen wages owed to him under FLSA, and failed to pay minimum wage under FLSA.

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There are several different issues that may arise in a Georgia wage and hour case. One of these issues is the question of whether a worker has been properly classified as an employee or as an independent contractor.

This is an important distinction because independent contractors are usually exempt from the requirements of federal law concerning matters like minimum wage and overtime.

Facts

The plaintiff in a recent case was a dancer who alleged that the defendant entertainment establishment owners had failed to pay her in accordance with the Fair Labor Standards Act, (FLSA), codified at U.S.C. § 201 et seq. According to the plaintiff, the defendants misclassified her as an “independent contractor” when she was, in fact, an employee who was entitled to receive minimum wage under FLSA.

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If your employer is shaving your hours, don’t think you’re powerless to stop it. Save the evidence you do have, and don’t worry about the evidence you don’t have — holding employers accountable and collecting your due is an achievable result. Continue reading ›

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Employers may sometimes be faced with the need to get creative when their preferred methods for compensating workers don’t necessarily mesh neatly with statutory requirements. For example, balancing an interest in compensating sales workers solely on commission may sometimes present challenges when it comes to remaining compliant with the Fair Labor Standards Act and minimum wage requirements. A case recently decided by the Sixth Circuit Court of Appeals is very informative for Tennessee employers and employees in clarifying which policies will, and which won’t, trigger a FLSA violation problem. If you have questions about this area of the law, our Tennessee FLSA lawyers are ready to advise you. Continue reading ›

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The Fair Labor Standards Act provides protections for workers when it comes to minimum wage as well as overtime. The FLSA’s protections are wide-reaching and contain few exceptions. Nevertheless, a church attempted to evade the law by having its buffet restaurant staffed mostly by unpaid “volunteers.” The U.S. Department of Labor sued the church and obtained $388,000 in back-owed wages for the workers, cleveland.com reported. The victory for the Labor Department demonstrates that, even if you worked for a religious employer, and even if you perhaps “thought” you were a volunteer, you may still be entitled to wages. An experienced Tennessee wage-and-hour attorney can help you decide if you have a case. Continue reading ›

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A recent unpaid overtime case originating in Tennessee placed into conflict two competing legal concepts:  an employee’s right to pursue collective action litigation under the Fair Labor Standards Act and an employer’s right to obtain employees’ waiver of their right to sue under the terms of contractual arbitration agreements. This case highlights some of the complexities that can arise in FLSA cases and the importance of retaining skilled Tennessee employment counsel, who can help guide you through the sometimes complicated process of navigating the procedural pathways required in taking on your case. Continue reading ›

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A law student once joked with his law professor, who was discussing a topic that involved math skills, by interjecting, “Excuse me, sir. I must object. I was told there’d be no math (in law school).” While perhaps a good source of humor after a long day of legal studies, it’s actually not true. Many lawyers are very adept at math, including your Georgia wage-and-hour attorney. Compliance with the Fair Labor Standards Act means understanding many things, including some math. It also means knowing which mathematical calculation methods for determining compliance with minimum wage and overtime rules are allowed by the law, and which aren’t. In the case of a salesman who received commissions, the law required allocating his commissions to the month when he earned them, rather than just doing a calculation that averaged the salesman’s commissions across his entire 12-month period of employment. Continue reading ›

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