The Fair Labor Standards Act established a broad right for workers to receive a minimum wage and overtime pay. The statute also has numerous exemptions to the right to overtime pay. While workers and employers are probably familiar with exemptions for executive, administrative, professional, computer, and outside sales employees, those…
Atlanta Employment Attorneys Blog
The Portal-to-Portal Act, ‘Integral and Indispensable’ Activities, and When Travel Time is Compensable Under Federal Law
Employers and employees need to be aware of the requirements of the Fair Labor Standards Act. This allows workers to be sure they receive all the wages they deserve and permits employers to be confident that they are compliant with federal law. Whether you are a worker or an employer,…
Worker Classification Under the FLSA and the Significance of Federal Income Tax Forms W-2 and 1099
Whether you are an employer or an employee, it is essential to avoid misconceptions that can lead you down a fruitless path when it comes to the Fair Labor Standards Act. Falling victim to these can lead to mistakes regarding what sort of evidence you do need… and what won’t…
The Rules of Jurisdiction and Deciding Where (and Who) to Sue in Your Georgia FLSA Case
Succeeding in a Fair Labor Standards Act lawsuit involves many elements and decisions. For example, the employee who sues must make wise choices regarding who to sue and where to sue. Choosing imperfectly in these regards can leave the employee vulnerable to dismissal (and give employers a crucial tool to…
What an Employer Does (or Does Not) Need to Challenge an Employee’s FMLA Certification in Court
Whether you are an employer or an employee, it is imperative to understand what the Family and Medical Leave Act does (and does not) require if you are hurt on the job. In particular, one should note what obligations the law does (or, more specifically, does not) impose on an…
Mootness, FLSA Lawsuits, and the Importance of Strategic Decision-Making in Resolving Your Case
Fair Labor Standards Act litigation matters, like most civil lawsuits, involve many decisions, including strategic ones. A party may make some decisions, such as settling despite their case’s perceived strength, simply because strategic considerations dictate that it is wise. The importance of wise decision-making in your FLSA lawsuit is one…
Electronic Signatures, Arbitration Agreements, and FLSA Lawsuits in Georgia
Modern technology has created many advantages for employers and employees. Today, an employee and an employer can enter into an agreement even with the employee situated hundreds of miles from the employer’s nearest office. Proper electronic security is one thing that employers and employees alike should keep in mind when…
FMLA Retaliation and Interference Cases Against Public Employers
Potential Family and Medical Leave Act (FMLA) violations might seem like straightforward black-and-white issues. Often, though, they are not. The FMLA contains many complex and nuanced elements. That is especially true if your FMLA matter involves an exceptional circumstance, such as when the family member requiring care is a military…
‘Donning’ and ‘Doffing,’ Reasonable Time Versus Actual Time, and What It Takes for Pay Practices to Comply with the FLSA
One of the more thorny Fair Labor Standards Act issues for employers is ensuring proper compensation of employees who spend time doing activities that are essential but tangential to their jobs. Even if workers spend only minutes each day on these activities, the law says they are entitled to payment…
The Impact of President Trump’s New Gender Identity Executive Order on Private Employers in Georgia
President Donald Trump signed a sweeping array of executive orders on the first day of his second term in office. One that has received much of the spotlight was Executive Order (EO) Number 14168, entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The…