Many employees in the restaurant industry rely on tips for a significant portion of their earnings. Many of these workers are also familiar with the process of pooling (or sharing) tips among all the tipped workers at their restaurant. Employers cannot simply construct tip pools however they want; federal law…
Family and Medical Leave Act cases can be complex and nuanced matters. Even issues that might seem black-and-white can actually be filled with gray areas. If you have questions about an FMLA issue, ensure you are proceeding with knowledgeable advice from a skilled Atlanta FMLA lawyer. An FMLA interference case…
Action taken earlier this year by federal regulators has cost two related companies several hundred thousand dollars due to misclassifying dozens of workers as independent contractors when they were employees. The government’s action against the companies is a reminder of how costly misclassification can be for both workers and employers.…
In Fair Labor Standards Act lawsuits, there is no such thing as a class action. Instead, the FLSA allows similarly situated workers who have been harmed by FLSA violations to pursue something known as a “collective action.” FLSA collective actions often can be complex and nuanced. That is why, whether…
Employers need to be vigilant to ensure they are not overlooking employee circumstances that potentially implicate the Family and Medical Leave Act. Employers’ failure to recognize that an employee has a qualifying need for intermittent FMLA leave is a common pitfall that can entrap unwary employers. Whether you are an…
Hourly employers (and employers who use hourly employees) are well acquainted with the “time clock.” Employers have an obligation to accurately record hours worked and pay workers for all time worked; otherwise, they risk violating the Fair Labor Standards Act. Employers, however, need not pay workers down to the minute.…
On TV, parties often win their court cases as a result of a massive revelation during trial in open court. In real life, parties often sow the seeds of their success before the trial even starts. A truck driver’s recent unpaid overtime case illustrates just how critical pre-trial motions can…
In FMLA matters, things that may seem self-evident are not always so. For example, as a recent federal appeals case demonstrated, even if an employer granted FMLA leave to an employee, that employee may not necessarily have been entitled to the leave. If they were not, then they cannot pursue…
Restaurant work is often fast-paced and can be hectic. Providing quality service to customers requires a high degree of teamwork and can demand that workers wear many “hats.” This may potentially create some gray areas when it comes to tip pools. If you have questions about who should — and…
Family and Medical Leave Act (FMLA) retaliation litigation serves an essential purpose by providing recourse to workers who were unfairly subjected to adverse employment actions for engaging in protected activities, such as requesting or taking FMLA leave. Whether you are an employee who has encountered this type of mistreatment or…