Incorrectly classifying a worker as an independent contractor when they really are an employee under the law can have many adverse consequences for the worker and the employer alike. In addition to tax liability, misclassifications can trigger liability under the Fair Labor Standards Act for minimum wage violations or unpaid…
With extreme winter weather striking many parts of the country (and soon to bear down on this area), employers must consider the possibility of short-term closures. Whether an employer closes for a day or a few days, the closure affects all employees, including those on Family and Medical Leave Act…
Many non-exempt employees may receive total compensation that includes various forms of pay. An employee, for example, might earn, in addition to their base pay, bonuses. Depending on the nature of these bonuses, earning a bonus may impact an employee’s “regular rate of pay” and, therefore, their rate of overtime…
The circumstances surrounding employees who need Family and Medical Leave Act leave are not necessarily black-and-white. An employee in need of FMLA leave may also have a history of attendance problems at work. Even if the employee’s absenteeism is extensive and has the employee on the edge of termination —…
A Georgia deputy sheriff recently won a renewed opportunity to pursue his retaliation case after the 11th Circuit Court of Appeals reversed a trial court’s summary judgment in favor of the deputy’s employer. The employee’s success is a reminder that employees have multiple avenues for making out a retaliation or…
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…