“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…
Atlanta Employment Attorneys Blog
Opting In, Opting Out, and the Differences Between Federal Class Actions and FLSA Collective Actions
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…
The Salary Basis Requirement Within the EAP Exception… and How Even Highly Paid Workers May Be Entitled to Time-and-a-Half Overtime
The rules the Fair Labor Standards Act sets up regarding time-and-a-half overtime compensation are often nuanced and can be complicated. Employers risk noncompliance when they fall into the trap of oversimplification. For example, paying a worker a large sum every week or month does not necessarily mean that the worker…
What a Brief Dive into Reddit Can Teach About the FLSA and the Requirements Surrounding Employers’ Handling of Pooled Tips
The Reddit platform can be a source of amusement and distraction. Occasionally, it can also provide an opportunity for education. Take, for example, a post from earlier this week centering around a pay practices problem and tipped employees. While wholly unverified, the post highlights an example of how employers can…
The U.S. Department of Labor Makes an Important Statement About a 2024 Rule Related to Independent Contractor Classifications
The U.S. Department of Labor has made multiple noteworthy changes in the wake of the transition from President Biden to President Trump in January. The changes remind employers and employees alike of the high impact federal regulations have on wage and hour law. Employers and employees alike should be mindful…
The FLSA’s Overtime Provisions and the ‘Motor Private Carrier’ Exemption
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…
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…