Minimum Wage

A Federal Court in Georgia Denies the Salvation Army’s Dismissal Motion in a Minimum Wage Dispute Involving ‘Rehabilitation Program’ Participants Who Worked in Its Thrift Stores

April 21, 2023 | Parks, Chesin & Walbert

When it comes to determining compliance with the Fair Labor Standards Act’s minimum wage and overtime compensation requirements, it’s essential to understand that not all workers receive pay 100% in the form of cash. Some may receive compensation through housing, meals, or other non-cash forms. Even if you’re receiving in-kind or non-monetary compensation, it’s still possible for your employer to violate minimum wage laws, as a group of thrift store workers alleged in a recent federal action here in Georgia. If you believe you’ve encountered that kind of illegal treatment, don’t wait to take action. Get in touch with a knowledgeable Atlanta minimum wage lawyer to find out what next steps you should take.

Those thrift store workers worked at the Salvation Army’s stores in several southern states. According to all of the workers, the Salvation Army ran “residential adult rehabilitation centers and adult rehabilitation programs,” and used those rehab participants to staff its thrift stores.

Salvation Army thrift stores are big business, bringing in close to $600 million in revenue in 2019 alone. Here in the United States, the Salvation Army is separately incorporated in each of four regions. The federal case here in Atlanta is one of three. Thrift store workers recently achieved similar successes in overcoming the Salvation Army’s dismissal efforts in federal lawsuits in Chicago and New York City.

The U.S. Department of Labor Just Announced a New Proposed Rule for Independent Contractor Classifications: What it May Mean for You

October 17, 2022 | Parks, Chesin & Walbert

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, unless exempt, generally is covered by the law.) Often, these classifications are inappropriate and the worker in question, based on the nature of his/her job, qualifies as an employee, not an independent contractor. When that happens, you may have a claim for compensation wrongfully denied to you, meaning you should get in touch with a knowledgeable Atlanta worker misclassification lawyer right away to discuss your circumstances.

A new proposed rule that the U.S. Department of Labor announced earlier this month could make it harder for employers to classify workers as independent contractors. The new rule seeks to limit independent contractor status only to those workers who, “as a matter of economic reality, are not economically dependent on their employer for work and are in business for themselves,” according to the Labor Department.

The existing rule has five “economic realities” to guide the classification of workers as independent contractors versus employees. The rule split those five into two “core factors,” which were the nature and degree of the hiring entity’s control over the work and the worker’s “opportunity for profit or loss,” and three lesser factors, which were the degree of skill the work required, the extent to which the hiring entity-worker relationship was or was not a permanent one, and whether the worker’s work was part of an integrated unit of production.

The Limits of Arbitration Agreements in Minimum Wage and Unpaid Overtime Cases in Georgia

September 23, 2022 | Parks, Chesin & Walbert

In many fields of employment, an employer may seek to obtain its employees’ signatures or agreements in which those workers sign away their right to sue in court for certain claims, such as unpaid overtime or minimum wage disputes. In place of a trial in court is a hearing before an arbitrator or arbitration panel. Employers insist on these agreements because, often, proceeding in arbitration as opposed to litigation works to the employer’s benefit and to the employee’s detriment. That’s why you should proceed with substantial care before such a waiver of your rights and, if you have questions or concerns, get in touch with a knowledgeable Atlanta minimum wage lawyer.

Not only can an agreement place you in the position of contesting your underlying claims before an arbitrator, but even the arguments you raise about the enforceability of the arbitration agreement itself may also have to be contested in that same arbitration setting.

That was the bad news for some workers who sued in federal court in New York alleging they were illegally underpaid. The plaintiffs were workers at various locations of a center that spread the teachings of Kabbalah. These were workers who, when they joined the center, signed vows of poverty. They received “cash allowances or monthly stipends,” housing, food, and clothing. They received no other compensation for their work.

Working for Food? What the Law Says About Non-Traditional Methods of Compensating Workers

July 29, 2022 | Parks, Chesin & Walbert

There are lots of reasons an employer might want to pay a worker or former employee in an unconventional way. It might be a marketing promotion, it might be an attempt to embrace cutting-edge currencies, or it might be a passive-aggressive expression of hostility. Whatever the reason, workers and employers alike should recognize that when work is compensated in anything other than cash, electronic payment (like a direct deposit,) or a negotiable instrument (like a check,) that compensation method has the potential to run afoul of the Fair Labor Standards Act. A knowledgeable Atlanta wage and hour lawyer can help you, as a worker, determine if the compensation you received complies with the law or not.

Some months ago, this blog covered a disgruntled Georgia employer who caught the attention of the U.S. Equal Employment Opportunity Commission for the non-traditional way it paid a fired worker’s final wages. The $915 payment arrived in the worker’s driveway, in the form of a wheelbarrow full of 572 pounds of “oil-soaked” pennies. That, plus a final pay stub with an expletive written on it, amounted to illegal retaliation, according to the EEOC.

More recently, news outlets focused on an unusual work arrangement at a fast food establishment in North Carolina. A Chick Fil A restaurant there posted to its Facebook page that it sought “volunteers” to work at its new “Drive Thru Express.” The so-called volunteers would receive “5 free entrees” for each one-hour shift they worked.

The U.S. Labor Department Has Investigated Another Georgia Tire and Auto Service Business, This Time Collecting $161K in Back Owed Wages

June 16, 2022 | Parks, Chesin & Walbert

Employers in the auto services industry improperly paying their workers in ways that do not comply with federal minimum wage and/or overtime laws is not uncommon. In fiscal year 2021 alone, The U.S. Labor Department’s Wage and Hour Division performed more than 500 investigations of employers in the auto services industry. In total, the Labor Department found that more than 3,500 workers had been illegally shortchanged. The division recovered more than $4 million in back wages. If you think your employer has illegally miscalculated your overtime rate, your compensable hours, or otherwise violated the law, it is well worth your while to contact an experienced Atlanta minimum wage and unpaid overtime lawyer.

Most recently, the Wage and Hour Division launched an investigation into a tire and auto service shop in Canton. At the investigation’s end, the Labor Department concluded that the shop had violated the Fair Labor Standards Act by improperly underpaying 19 workers a total of more than $161,000.

One violation related to withheld paychecks. For some of the workers, the employer did not pay them anything during their first pay period. The employers say the held-back paychecks were a uniform deposit. The Labor Department said it was an FLSA violation.

How Long You Have to Take Legal Action in Georgia If You’ve Been Denied Overtime or a Minimum Wage

March 17, 2022 | Parks, Chesin & Walbert

In certain areas of business, sports, or life in general, it is often said that “timing is everything.” If you are someone whose employer has failed to pay you appropriate overtime compensation or pay you in accordance with minimum wage laws, timing isn’t everything but it is undeniably a crucially important thing. Waiting too long can mean a case outcome where you recover nothing, regardless of how strong your proof is. If you’ve illegally underpaid, don’t wait to act. Go out as soon as possible to talk to a knowledgeable Atlanta unpaid overtime or minimum wage lawyer about your situation.

A recent overtime and minimum wage case from a federal court in neighboring Florida is a reminder of how important a thorough understanding of how the statutes of limitations, and the deadlines they impose, are.

In that case, J.R. worked at a motel in Lakeland, Florida, starting in 2010. According to her complaint, the woman averaged roughly 98 per week on the job. In return, the motel owner allegedly paid her anywhere from $0 to $30 per week.

‘Enter Username and Password’: When the Minutes You Spend Prepping for Your Shift May Be Countable Time for Calculating Your Overtime Pay

February 7, 2022 | Parks, Chesin & Walbert

Lots of workers know the drill. Officially, your workday begins at 8:00 am or 9:00 am or whenever, but it doesn’t really begin at that time. “Eight o’clock” means you have to be ready to take calls or manufacture items or enter data into a computer at 8:00, which means that your workday actually begins at 7:50 or 7:45 or 7:whatever, when you have to be at your workstation and get started prepping for the tasks that must start at the top of the hour. What you may not know, however, is that those minutes prepping may potentially count in calculating overtime pay and in determining whether your pay meets the minimum wage. If your employer isn’t counting this time, it is possible your employer is shortchanging you in violation of the Fair Labor Standards Act. Get in touch with an Atlanta minimum wage and overtime lawyer to find out more.

The law says that certain forms of preparation are things that must be counted when calculating your total hours worked. According to the U.S. Department of Labor, employers’ failure “to count and properly pay for pre-shift work is a common violation” of the FLSA and other related federal laws.

A recent example of this kind of FLSA violation involved a company based in neighboring Florida that the Labor Department cited for violating the law, affecting dozens of workers, the Miami Herald reported.

The Federal Minimum Wage is $7.25 and Georgia’s is $5.15, So Which One Applies to My Job?

December 30, 2021 | Parks, Chesin & Walbert

In almost all areas of the law, there’s a certain interplay between federal law and state law because, when it comes to a lot of subject areas, both have laws addressing and governing that topic. Here in Georgia, that’s true about a lot of employment law-related issues, including everything from age discrimination to the minimum wage to overtime pay. The key in any situation is to know whether federal law or state law applies to your circumstance. Doing this often requires in-depth knowledge of the law, which is why it pays to have an experienced Atlanta minimum wage attorney handling your case.

The hashtag #todayilearned (or TIL for short,) which loosely equates to the more well-worn “Did you know?”, is a common meme on social media. There’s even an entire subreddit (a/k/a subgroup) on the popular internet community Reddit devoted to people sharing things they newly learned.

What does that have to do with Georgia employment law? Perhaps not much, but there is this: a few years ago, members of the Reddit community discussed the fact that Georgia state law sets the minimum wage at $5.15 per hour, beneath the federal law minimum wage of $7.25. That amount remains the Georgia minimum wage today. (Georgia and Wyoming have the lowest state minimum wages, and Georgia’s is not set to go up in 2022.)

The Importance of Attention to Detail, and Using Your Employer’s Lack of It to Your Advantage in Your FLSA Case

December 16, 2021 | Parks, Chesin & Walbert

An American psychotherapist became famous after he published a self-help book entitled Don’t Sweat the Small Stuff… and it’s all Small Stuff. While that may be great advice in terms of mental health, the exact opposite is often true in legal matters. Many times, the small stuff is the stuff most worth sweating, as something very small may make a very big difference in terms of success versus defeat. That’s why a knowledgeable Atlanta worker misclassification lawyer is so valuable to you, as your attorney will spot all of the small stuff that is most definitely worth sweating.

Here in Georgia, workers, when it comes to minimum wage and overtime, often rely on the protections written into federal law. With that in mind, even cases from outside Georgia may offer very useful insights for you and your minimum wage and overtime case.

A recent Fair Labor Standards Act case from North Carolina is a good example. The case involved an industry where minimum wage and overtime disputes are common: adult entertainment. The plaintiff was an exotic dancer at a club in the Raleigh, North Carolina area. Her lawsuit alleged that the club improperly classified her as an independent contractor when she really was an employee and, in the process, improperly failed to meet the overtime and minimum wage obligations of the FLSA.

Pizza Delivery Drivers in Georgia Settle Their Federal Minimum Wage Case Against a Major National Pizza Chain

November 16, 2021 | Parks, Chesin & Walbert

Delivery drivers face many challenges in the performance of their jobs. For some drivers, those difficulties might include unsafe drivers on the road, employers who impose unrealistic goals, and unruly dogs at residences. A more insidious problem some delivery drivers face is receiving what amounts to sub-minimum wages in violation of the law. If you think that is happening or has happened to you, you should talk to a knowledgeable Atlanta minimum wage lawyer about your circumstance.

One company that has found itself connected to multiple minimum wage cases involving its delivery drivers is Domino’s, the nationwide pizza chain. Delivery drivers have filed cases against Domino’s and/or its franchisees in Georgia, Washington, and New Jersey, just to name three.

The Georgia case, filed last year in the federal court for the Middle District of Georgia, was recently resolved via a settlement. Terms of the settlement, of which the parties informed the court on Oct. 22, 2021, were not made public.