Atlanta Employment Attorneys Blog
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.
Personal Jurisdiction
One of the keys to personal jurisdiction is demonstrating that you have provided the employer with proper notice of the lawsuit (called “service of process.”) When your employer is a corporate entity, that often means serving process under Fed. R. Civ. Proc. 4(h)(1)(B). This rule says that service is proper if you (or an agent acting on your behalf) deliver “a copy of the summons and the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process.”
In many cases, this can be achieved by serving the entity that functions as your employer’s “registered agent” in Georgia.
Subject Matter Jurisdiction
Subject matter jurisdiction can take various forms. Many parties rely on “diversity jurisdiction,” which occurs when you and your employer are citizens of different states and the amount in dispute exceeds $75,000.
Employees suing under the FLSA need not worry about demonstrating diversity jurisdiction. Because the FLSA is a federal statute, any unpaid overtime lawsuit you file under it meets the subject matter jurisdiction requirement based on “federal question jurisdiction.” This dorm of jurisdiction arises whenever the law underpinning a lawsuit is a federal statute, the U.S. Constitution, or a federal treaty.
Venue
Federal law says you cannot simply sue for unpaid overtime in any federal court. You must file in a district where “a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated.” The federal Northern District of Georgia encompasses 46 counties across four divisions. The Atlanta Division includes Cherokee, Clayton, Cobb, DeKalb, Douglas, Fulton, Gwinnett, Henry, Newton, and Rockdale counties. Carroll, Coweta, Fayette, and several other counties to Atlanta’s west fall in the Newnan Division.
In the manager’s case, her employer operated and conducted business in Brevard County, Florida. The manager filed in the Middle District of Florida, which, according to that court’s local rules, included that county. As a result, the manager cleared the venue hurdle.
Jurisdiction and venue are just a few things you must demonstrate if you want a federal court to grant you a default judgment. The process may seem like a “layup,” but it still requires substantial legal knowledge and skill. To ensure your unpaid overtime lawsuit ends as successfully as possible, contact the experienced Atlanta wage and hour attorneys at the law firm of Parks, Chesin & Walbert. Our team is driven to ensure our clients who have been deprived of proper pay under the law get everything they deserve. Contact us through this website or at 404-873-8048 to schedule a consultation today.