Atlanta Employment Attorneys Blog

A Middle Georgia Employer Successfully Defeats Call Center Workers’ Request to Create a FLSA Collective Action

August 11, 2025 | Parks, Chesin & Walbert

A Fair Labor Standards Act collective action can be a powerful tool for workers. Similarly, employers may find it preferable to fight an individual action as opposed to a collective lawsuit. Whether you are a worker or an employer, it is beneficial to understand the standards the law erects for certifying FLSA collective actions and the factors that may help win (or defeat) certification. When taking on such a lawsuit, it is well worth your while to consult an experienced Atlanta collective action lawyer for advice about your situation.

The FLSA does not have class actions; it permits collective actions. Unlike other class actions, where all covered individuals are deemed a part of the class unless they opt out, FLSA collective actions work differently. In a collective action, putative members must affirmatively opt in, rather than having to opt out.

One of the most fundamental aspects of collective actions is similarity among the proposed members. In a nearby unpaid hours case involving a call center, that similarity was lacking, according to the Middle District of Georgia.

A Staffing Firm Must Pay $9 Million for Misclassifying Its 1,100 Nurses as Independent Contractors

July 31, 2025 | Parks, Chesin & Walbert

One of the more substantial mistakes a business can make is to misclassify employees as independent contractors. An employee whose employer erroneously labels them as an independent contractor may be denied health care insurance coverage, family leave, and unemployment protection. They may also be deprived of the right to receive a minimum wage and overtime compensation. The employer that makes this mistake runs the risk of paying thousands — or millions — in a civil action. In short, both employers and employees have reasons to want to “get it right” when it comes to correct classification, and getting advice from a knowledgeable Atlanta wage and hour lawyer can be crucial to achieving this objective.

A federal case that started in Virginia provides an example of how costly misclassification can be. The employer was a Virginia-based medical staffing company that provided nurses to healthcare facilities in that state and the surrounding areas. The workers were a group of nurses, nurse practitioners, and nursing assistants.

To receive assignments from the company, the entity required candidates to fill out an “application for employment.” That document identified the nurse as an “employee” and the company as the “employer.” If the nurse successfully completed the employment application process, they ultimately signed an “independent contractor agreement,” which included a 12-month non-compete clause.

How Long is Too Long? Inferring Causation and FMLA Retaliation Law

July 25, 2025 | Parks, Chesin & Walbert

A recent Family and Medical Leave Act dispute is a reminder of the importance of timing. In many FMLA retaliation cases, the matter may come down to whether an adequate link exists between the employee’s use of FMLA leave and the employer’s punitive action, and that existence may depend on exactly how close in time the two events occurred. If you have questions about an FMLA matter and potential retaliation issues, you should contact an experienced Atlanta FMLA retaliation lawyer to discuss your situation.

A recent retaliation case from outside Georgia serves as a reminder that gaps measuring multiple months are often too long to infer that a motive of retaliation caused the adverse employment action.

The employee in that case, L.C., was an account executive for a TV station in southern West Virginia. In February 2022, the executive gave birth to twins. However, during her C-section surgery, part of her urinary system suffered damage. This damage required a follow-up surgery, caused the executive severe pain, and limited her ability to stand, walk, and drive.

How a New WHD Policy Impacts Employers’ Exposure to Paying Liquidated Damages in Pre-Litigation Investigations

July 18, 2025 | Parks, Chesin & Walbert

In any legal or administrative dispute, one of the most consequential decisions you must make is whether to settle with the other side or to litigate the dispute all the way to a judgment by a jury or judge. With each option comes particular potential benefits and drawbacks, which is why skilled legal representation matters so much. In your Fair Labor Standards Act case, a knowledgeable Atlanta wage and hour lawyer can be instrumental in identifying all of your possible upsides and risks and make a recommendation about the option that will best meet your needs.

In the context of civil lawsuits, one of the key benefits of settling early is the reduction of overall costs.

These calculations also play a role if your business is facing an investigation by the Labor Department’s Wage and Hour Division. In a new internal guidance bulletin, the division has announced that it will no longer seek liquidated damages in pre-litigation investigations.

What a New Federal Appeals Court Ruling Says About Personal Jurisdiction and FLSA Collective Actions

July 10, 2025 | Parks, Chesin & Walbert

A recent federal appellate ruling is likely a relief for some employers on the West Coast, and perhaps beyond. Although the 9th Circuit Court of Appeals’ opinion is only binding in several western states, it nevertheless represents the latest chapter in a growing trend among federal appellate courts. That trend suggests that, when employees undertake a Fair Labor Standards Act collective action lawsuit, the trial court must determine personal jurisdiction on a claim-by-claim basis, where each opt-in plaintiff must have sufficient ties to the employer’s business in that state. If you have questions about these types of lawsuits, it is advisable to consult with an experienced Atlanta collective action lawyer regarding your specific situation.

The plaintiffs in the 9th Circuit case were a group of current and former tipped employees of the restaurant chain Cracker Barrel, who sued their employer for violating the FLSA. Specifically, the servers alleged that the restaurant’s use of tip credits and its payment practices for tipped workers did not comply with the law’s requirements.

The employees sued in federal court in Arizona. In their court papers, the employees asked the court to certify a collective consisting of “all servers who worked for Cracker Barrel in states where it attempts to take a tip credit… over the last three years.”

The Importance of Detailed Documentation in the Medical Certification Portion of the FMLA Leave Request Process

June 30, 2025 | Parks, Chesin & Walbert

Requesting leave under the Family and Medical Leave Act might seem like a simple and straightforward thing… but that is not always the case. Employees seeking leave must submit careful, detailed requests and supporting documentation (such as doctor’s notes) that sufficiently put employers on notice that the employee has a serious medical condition requiring FMLA leave. If you have questions about your rights and obligations under the FMLA, it is wise to consult an experienced FMLA leave lawyer.

A recent FMLA retaliation case from a federal court in Florida illustrates how a request can go wrong if not done correctly.

D.N., the employee, was a billing contract coordinator for a community organization who went into early labor and delivered her child prematurely. After the child’s birth, the coordinator requested four weeks of FMLA leave, spanning from early February to early March 2023. Alongside her request, the employee presented a note from her doctor to support the request.

Managing the ‘McDonnell Douglas Framework’ in Your FMLA Retaliation or Federal Discrimination Lawsuit

June 23, 2025 | Parks, Chesin & Walbert

Succeeding in advancing a Family and Medical Leave Act retaliation or interference claim (or defending against such an allegation) requires many things. It demands knowing all of the elements you must prove for success, and what the law says you need to satisfy those elements. A knowledgeable and experienced Atlanta FMLA interference lawyer can be essential to achieving this successful outcome.

A recent race discrimination and FMLA interference lawsuit illustrates some of the similarities between those two federal claims, including when it comes to the proof required to win.

The employee who sued, G.L., held a managerial position in the City of Atlanta’s agency responsible for providing drinking water and managing wastewater. While the manager was out on FMLA leave, an emergency occurred when one of the agency’s plants ran out of fluoride water treatment. Although an investigation eventually revealed that a higher-ranking employee (the deputy commissioner) knew about the shortage for “several days” before G.L. found out, the employer nevertheless demoted the manager after the shortage incident.

How the FLSA’s Statute of Limitations Sunk One Employee’s Minimum Wage Violation Case

June 16, 2025 | Parks, Chesin & Walbert

A minimum wage case that recently came before the 11th Circuit Court of Appeals (whose decisions control federal lawsuits in Georgia, Florida, and Alabama) is an example of how employees with legitimate Fair Labor Standards Act claims can still lose if they proceed without counsel and get tripped up by procedural requirements such as the statute of limitations. The case and its outcome make for a noteworthy cautionary tale about the risks of proceeding without a skilled Atlanta minimum wage lawyer advocating for you and monitoring procedural deadlines like the statute of limitations.

The employee, M.M., worked at a pet store in Florida for approximately three weeks in August 2018.

According to the employee, she worked full-time as a certified veterinary technician at a salary of $35,000 per year. According to the pet store, M.M. was a part-time kennel technician.

A New U.S. Supreme Court Ruling Addresses the Litigation of Federal ‘Reverse Discrimination’ Cases Under Title VII

June 10, 2025 | Parks, Chesin & Walbert

“Reverse discrimination” is an informal phrase that refers to instances of discrimination where the target of discrimination was not a member of a historical minority group (like, for example, women, African Americans, and gays/lesbians) but rather a traditional majority group (like men, white people, and heterosexuals). Recently, the U.S. Supreme Court rejected the notion that members of majority groups should have a higher burden of proof placed on them as compared to members of minority groups. The high court’s decision reflects that federal discrimination law is evolving and will continue to change. The best way to equip yourself for success in a discrimination lawsuit is to seek out and retain an Atlanta discrimination lawyer who is deeply versed in, and entirely up to date on, all aspects of Title VII law.

The employee in the Supreme Court case, M.A., worked for an Ohio governmental agency that oversaw juvenile corrections in the state. When the agency created a new management role, she applied for it, but the role went to a different woman. Shortly thereafter, the agency demoted her to a secretarial job and chose a man to fill her vacant position.

She sued the agency for sexual orientation discrimination under federal law (Title VII). What made her case unusual was that she was heterosexual, and the successful candidates — the man who assumed the administrator role and the new manager — were gay and lesbian.

Opting In, Opting Out, and the Differences Between Federal Class Actions and FLSA Collective Actions

May 30, 2025 | Parks, Chesin & Walbert

Recently, a Greene County employer found itself facing not one but two federal lawsuits related to its pay practices and overtime compensation. The pair of filings illustrates how misclassifying workers can have numerous, complex impacts, both on the employer being sued and on employees who must decide whether to join an existing Fair Labor Standards Act collective action or pursue a separate case. When making decisions as an employee about opting in or out, or as an employer defending these lawsuits, it is wise to consult with a knowledgeable Atlanta wage and hour lawyer who can offer essential advice about how best to proceed.

The Greensboro employer, M.S.G., was a project management consulting company that employed several engineers. Several of those engineers believed that the employer had underpaid them. Specifically, the engineers contended in a federal complaint that the employer had illegally misclassified them as overtime-exempt when, in fact, they were non-exempt and should have received time-and-a-half compensation for their overtime hours, whereas they actually received only their regular pay for those hours.

One of those Georgia engineers, R.S., sued in 2023. In June 2024, the federal District Court conditionally certified the case as an FLSA collective action.