Articles Posted in Wage & Hour

An employer will usually vigorously litigate a lawsuit alleging that it violated the Fair Labor Standards Act. Sometimes, though, the employer will not act. The deadline for filing passed with no answer… no other pleadings… nothing. When that happens in an unpaid overtime lawsuit, the worker may pursue something called a “default judgment.” Viewing this circumstance as the equivalent of an “uncontested layup” in basketball can be tempting. However, just as a basketball player does not automatically get two points when he/she has an uncontested layup opportunity, a worker does not automatically get a judgment in his/her favor solely because the employer defaulted. There are ways to mess up, even when the other side fails to contest. Having a highly skilled Atlanta wage-and-hour lawyer on your side is one way to avoid falling victim to these procedural hurdles.

For example, we can look at a recent unpaid overtime case involving a convenience store manager who was a non-exempt employee.

One of the keys to turning a motion for default judgment into an actual default judgment is making sure your court pleadings are complete and sufficiently specific. In an unpaid overtime case, that means establishing, among other things, personal jurisdiction, subject matter jurisdiction, and venue.

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Claiming “time of the essence” is a common marketing technique. Sellers use deadlines to create a sense of urgency and motivate buyers to act. In sales, a deadline may not be real; it may be merely an artificial tool to pique the customer’s emotions. In law, time really is of the essence in many settings, including matters involving Fair Labor Standards Act violations. A lawsuit filed after the statutory deadline is vulnerable to a motion to dismiss that will, barring special circumstances, likely end the case with no further litigation, no trial, and no award of damages. Whether you are a worker seeking to ensure a timely filing or an employer seeking to terminate a case that was filed too late, obtaining representation from an experienced Atlanta wage and hour lawyer can be an essential step en route to success.

Absent special circumstances, workers pursuing FLSA claims generally must file within either two or three years. If the worker has presented a willful violation of the law, then the law allows three years to bring that case. If the violation is not an allegedly willful one, the worker has only two years in which to sue. If you are the party seeking relief, filing after the limitations period has elapsed is potentially catastrophic to your case. Conversely, a filing that was outside the limitations period can be a huge boon if you are an employer facing an FLSA claim. In each scenario, a motion to dismiss can terminate the case right away.

A federal unpaid overtime case from Miami is a good illustration. Although not taking place in Georgia, the Miami parties were subject to the same set of requirements under the federal rules as parties to a federal lawsuit in Georgia would face, including satisfying the statute of limitations.

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As an employer or an employee, compliance with the Fair Labor Standards Act is important to you. If you are a worker, non-compliance often means denial of the total compensation the law says your employer owes you. As an employer, non-compliance can have numerous damaging and costly consequences. If you have questions about FLSA compliance, including classification and exemption issues, make sure you are getting reliable answers by contacting an experienced Atlanta wage and hour lawyer.

For employers, misclassification is a common basis for FSA violation liability. Errors can occur in the context of employer-versus-independent contractor classifications or exempt-employee-versus-non-exempt-employee determinations. When deeming a worker as an exempt employee, it is important to identify all bases under which that worker may be exempt under the law, as a recent ruling from the 11th Circuit Court of Appeals illustrates.

The unpaid overtime case involved an auto dealership group in West Palm Beach, Florida, and three of its call center employees. The employees, who worked in the dealership’s “business development center,” a separate building next door to the dealership’s auto showroom, spoke to prospective car buyers over the phone to convince them to make appointments to visit the showroom and speak with showroom salespersons.

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