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Articles Posted in FLSA

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When Tolling Will — and Won’t — Save an Unpaid Overtime Case Filed After the FLSA’s Statute of Limitations Has Elapsed

It’s highly important to recognize all of the procedural demands involved in unpaid overtime cases. This is critical both from the perspective of ensuring that you’ve done everything the rules mandate and also from the perspective of taking proper steps to strengthen your position when the opposing side fails to…

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When a Reduction of a Worker’s ‘Regular Rate’ of Pay Crosses from a Permissible Modification to an Illegal Dodge of the Requirements Imposed by the FLSA

Employers have several tools at their disposal to cut costs, including the expenses that go with paying their workers. The law gives employers considerable latitude in modifying workers’ pay if those workers have begun putting in longer hours but, as any knowledgeable Atlanta unpaid overtime lawyer can tell you, when…

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The U.S. Labor Department Issues New Guidance on the Rights of Breastfeeding Workers and the Responsibilities Their Employers Have Toward Them

A few months ago, this blog looked at the impact of the Fair Labor Standards Act on remote workers, including new moms who are breastfeeding or expressing milk during the workday. Today, we’re going to look at a related but separate group: pumping moms working at the employer’s worksite. Whether…

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The Federal Court Procedure for Terminating a FLSA Case Partially Resolved Via Settlement

Currently, the law allows restaurant employers to pay employees a base rate below the mandatory minimum wage as long as those workers ultimately end up receiving total compensation that works out to be more than the minimum hourly requirement (which, here in Georgia, is $7.25.) If you find it necessary…

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A New Wage and Hour Ruling from the U.S. Supreme Court and Its Potential Impact on Some High-Earners in Georgia

In an important new ruling, the U.S. Supreme Court recently clarified the standards under which a worker does (or does not) qualify as a salaried exempt employee for purposes of overtime compensation. The 6-3 decision in favor of an oil rig worker clarifies that just because an employee earns a…

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The Impact of the Fair Labor Standards Act and Break Rules on Georgia Employees Who Work from Home

Today, remote work is more common than ever before, with much of explosion coming in the last 2-3 years. With that vast growth of people working from home comes new and different ways that employers can run afoul of federal wage and hour laws. If you’re a non-exempt employee working…

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An FLSA Class Action, Collective Action, or Individual Action: Which One Makes the Most Sense for My Unpaid Overtime Claim?

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…

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What Happens if My Employer Takes an Automatic Pay Deduction for Meal Breaks But I Did Not Actually Get My Break?

In wage and hour law, as with any area of the law, there are issues that arise with elevated frequency at certain moments in time. (For example, a few years ago the courts saw a flurry of employee-versus-independent-contractor misclassification cases involving exotic dancers.) More recently, an issue before multiple different…

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The FLSA, the Agriculture Exemption, and a Class Action by ‘Independent’ Poultry Farmers Alleging Misclassification

An ongoing case in federal court in Macon represents a potentially important data point in an emerging area of Fair Labor Standards Act misclassification litigation: lawsuits between big agribusiness entities and the farmers with whom they work. These farmers are typically classified by the agribusiness companies as independent contractors, but…

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Company Holiday Parties in Georgia and How They Can Run Afoul of Sexual Harassment or Wage and Hour Laws

Employers celebrating the holidays with company-wide parties are increasing in numbers. While not at 2019 levels, research shows that, in 2022, more than half are having in-person events. With office holiday parties returning, so too are the legal risks that run concurrently with them. Whether you’re an employer or an…

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