Minimum Wage

The Many Reasons Why It Is Important to Choose Wisely When Your Employer Makes a Settlement Offer in Your Minimum Wage Case

August 9, 2021 | Parks, Chesin & Walbert

When you retain a knowledgeable Atlanta minimum wage lawyer, you are getting more than just the things that that attorney knows about the law itself. You are also getting the benefit of everything that that lawyer knows about trials and trial practice, including all of the procedural rules and requirements. You are getting your counsel’s knowledge of a case’s value, derived from his/her past professional experiences. When you choose the right attorney, you are getting a wealth of knowledge in all of these areas, which can help at every step along the way, including making settlement-versus-litigation decisions or carrying out an appeal.

Taking the correct steps at each of these junctures is crucial to maximizing your success. A minimum wage case that was recently before the federal 11th Circuit Court of Appeals is a good example.

The worker in the case, R.V., was a salesman at a vehicle dealership. The salesman’s lawsuit alleged that the employer forced him to work off the clock without paying him a minimum wage, in addition to other violations of the Fair Labor Standards Act. The salesman asserted that the employer owed him more than $12,700 in damages.

Federal Court Denies Relief to Workers Who Complained of Equal Protection Violations Concerning Minimum-Wage Laws in Neighboring State

December 16, 2019 | Parks, Chesin & Walbert

An Atlanta wage and hour lawsuit can help a worker seek redress against an employer who refuses to pay him or her in accordance with the law, including statutes and regulations aimed at making sure workers are paid a certain minimum wage. The issue of what, exactly, constitutes a fair and living wage has been the subject of much debate in recent years. As a result, some local governments have attempted to take matters into their own hands by establishing their own – higher – minimum-wage laws. A recent case arising in a sister state provides instruction on how this well-intentioned process can sometimes fail to have the result sought by local lawmakers.

Facts of the Case

In a recent federal appellate court case, the plaintiffs were two African American employees who complained that their employer had refused to pay them the appropriate minimum wage, as established by a city ordinance (setting the rate at $10.10, rather than the amount set by federal law). The employer’s actions were based on a statute (passed after the city had increased the minimum wage in its borders) “prohibiting and voiding” any local law that purported to increase the minimum wage above that which was established under federal law. They sued the defendant attorney general, averring that their rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution had been violated. The trial court dismissed their claims, and they appealed.

The Court’s Ruling

The United States Court of Appeals for the Eleventh Circuit affirmed in part and remanded the case to the panel. The appellate court first held that the plaintiffs lacked standing under Article III of the United States Constitution to bring their equal protection claims against the defendant attorney general because they could not show that their injuries were “fairly traceable” to his conduct or that their injuries could be redressed by a decision against him. Because the plaintiffs lacked standing to bring suit against the attorney general under the circumstances, the court found it unnecessary to reach the other issues in the case (including whether the attorney general was a proper defendant and/or whether the plaintiffs had stated a plausible equal-protection claim on the merits).

Employees’ Suit for Alleged Illegal Payday Loan Scheme Is Dismissed on Summary Judgment by Federal Court in Georgia

March 26, 2019 | Parks, Chesin & Walbert

Under state and federal law, there are several different types of claims that may arise in an Atlanta wage and hour violation case, including allegations of unpaid overtime, unpaid hours, minimum wage violations, and/or misclassifications. It is important to contact an attorney promptly if you believe that your employer has violated these or other employment-related laws.

Facts of the Case

The plaintiffs in a recent case were current or former employees of a certain manufacturer of portable storage buildings in Swainsboro, Georgia. They filed suit against the defendants, the manufacturer and its chief executive officer, in 2017, asserting a putative class action arising from what the plaintiffs characterized as an “illegal payday lending scheme within the manufacturing facility.” (Certification as a class action was later denied.)

Federal Appeals Court Hearing Georgia Wage and Hour Lawsuit Says Business Owner Was Protected From Personal Liability Through LLC

February 27, 2019 | Parks, Chesin & Walbert

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.

FLSA Case Dismissed by Federal Court Sitting in Georgia Due to Issues Related to Employee’s Bankruptcy

February 22, 2019 | Parks, Chesin & Walbert

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.

Federal Court Holds that Georgia Entertainment Worker is an “Employee” Under FSLA

January 16, 2019 | Parks, Chesin & Walbert

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.

Meeting the Requirements of the FLSA While Employing Commission-Only Employees in Tennessee

October 16, 2017 | Parks, Chesin & Walbert

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 ›

Church Appeals $388K Award of Back Wages Owed to ‘Volunteers’ at Restaurant

September 6, 2017 | Parks, Chesin & Walbert

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 ›

11th Circuit Allows Employees to Bring FLSA Collective Action and State Class Action in One Case

October 26, 2016 | Parks, Chesin & Walbert

A recent ruling by the 11th Circuit Court of Appeals is an important one for Georgia employers and employees to note, since it may affect some potential minimum wage and overtime cases. In the new decision, the 11th Circuit decided that it would join numerous other circuits in concluding that the Fair Labor Standards Act does not prohibit employees from bringing a case that contains within it both a FLSA collective action and a state-law class action.

Georgia Employer Allowed to Keep Some of Employees’ Tips as Long as Employees Received Minimum Wage

September 14, 2016 | Parks, Chesin & Walbert

A decision from a federal court in Atlanta this summer became the latest in a group to reject a recently created regulation by the U.S. Department of Labor declaring tips to be the property of employees in all circumstances, regardless of whether the tips were needed to raise the employee’s pay to a level that satisfied the minimum wage. The court decided that the plain language of the Fair Labor Standards Act is clear that employers are only required to hand over tip money when they pay a base wage below the applicable minimum wage.