One of the emerging areas in Fair Labor Standards Act litigation centers on the misclassification of exotic dancers. Several groups of dancers have successfully sued clubs for illegally misclassifying them as independent contractors instead of employees. While this industry may be relatively small, these misclassification cases hold significance for more…
The Family and Medical Leave Act provides several rights and imposes several responsibilities on employees and employers alike. It is important to be keenly cognizant of these rights and responsibilities, as failure to do so can be extremely costly. If you have questions about your FMLA rights and/or responsibilities, don’t…
If your employer has denied you overtime pay that you earned, you potentially have several possible legal options. You can seek compensation individually, you can initiate a class action, or you can pursue a collective action under the Fair Labor Standards Act. Determining which avenue makes the most sense can…
Employers may engage in a variety of improper actions when it comes to your requesting, using, or returning from leave to which you are entitled under the Family and Medical Leave Act. This misconduct can range from erecting onerous and unnecessary documentation requirements to counting your FMLA leave against for…
Sometimes, some people can lull themselves into a false sense of confidence when it comes to litigating their unpaid overtime, minimum wage, improper classification, or other Fair Labor Standards Act case. They may tell themselves they don’t need an experienced Atlanta employment lawyer. They might say to themselves “I worked…
No one should, as a worker, have to choose between their job and speaking out when they see discrimination or sexual harassment in the workplace. Too many times, though, speaking out does lead to workplace punishment. When that happens to you, it is possible that your employer has engaged in…
In an Atlanta employment retaliation case, the plaintiff must show a certain kind of connection to the defendant – and to the violation of the law that allegedly occurred – in order to move forward with his or her case. Sometimes, this is an easy and obvious step of the…
In attempting to assert an Atlanta employment law claim, it important that the plaintiff include the appropriate allegations and requests for relief. Sometimes, however, more information becomes available as the case develops, such that a plaintiff may attempt to file an “amended complaint” to include the new information or an…
Generally speaking, the person who files an Atlanta employment law case gets choose the court (state or federal) in which the matter will ultimately be tried. However, there are some situations in which this is not so. For instance, the employee may choose to file his or her lawsuit in…
In an Atlanta employment discrimination case, there is a relatively short window for the filing of a complaint against the offending employer. If this requirement is not met, the plaintiff’s case will likely fail. Thus, an important first step in holding an employer accountable under the law is to consult…