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Articles Posted in FLSA

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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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A Recent Federal Appeals Court Decision Serves as a Reminder of the Breadth of the FLSA’s Anti-Retaliation Protections

Many workers probably know that they can pursue legal action if they incur retribution from their employer for speaking out against discrimination or harassment. However, Title VII isn’t the only law with a prohibition against retaliation. You may also be entitled to hold your employer accountable if they punished you…

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Flex Pay, Fluctuating Workweeks, and How the Fair Labor Standards Act Impacts Workers Working Those Kinds of Jobs

Many workers’ work schedules vary from week to week, both in terms of schedules and the total number of hours worked. The law allows employers whose employees work fluctuating workweeks several options for compensating those workers. Other methods for paying fluctuating-workweek employees, however, run afoul of the Fair Labor Standards…

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The U.S. Department of Labor Just Announced a New Proposed Rule for Independent Contractor Classifications: What it May Mean for You

For many workers in this so-called “gig” economy, one of the biggest issues they (and the entity that retains their services) must confront is whether that worker is an independent contractor (who is not covered by many of the protections of the Fair Labor Standards Act) or an employee (who,…

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A Georgia Brewery is Ordered to Compensate Two Workers It Fired After They Questioned the Employer’s Pay Practices

One would hope that business owners and managers would always conduct themselves with professionalism and circumspection when dealing with inquiries from their employees. Reality tells us something different. Too many employers, when approached by an employee about issues like the employer’s pay practices, eschew restraint in favor of vindictive, vengeful…

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The Limits of Arbitration Agreements in Minimum Wage and Unpaid Overtime Cases in Georgia

In many fields of employment, an employer may seek to obtain its employees’ signatures or agreements in which those workers sign away their right to sue in court for certain claims, such as unpaid overtime or minimum wage disputes. In place of a trial in court is a hearing before…

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When Your Work in Georgia May Be ‘Agriculture’ for Purposes of Your H-2A Visa, But Not ‘Agriculture’ for Purposes of the FLSA

According to the Georgia Department of Economic Development, agribusiness represents the state’s leading industry, checking in with $74 billion in annual economic impact. That means that a lot of workers in this state are exempt from the minimum wage and overtime provisions of the Fair Labor and Standards Act, based…

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Working for Food? What the Law Says About Non-Traditional Methods of Compensating Workers

There are lots of reasons an employer might want to pay a worker or former employee in an unconventional way. It might be a marketing promotion, it might be an attempt to embrace cutting-edge currencies, or it might be a passive-aggressive expression of hostility. Whatever the reason, workers and employers…

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The Importance of Rules Compliance in Your Federal FLSA Lawsuit, and What to Do When Your Employer Doesn’t Follow the Rules

In 2014, a children’s author released her new book for 4-7 year-olds, entitled I Can Follow the Rules. The benefit of following the rules is a lesson taught from a young age. Failure to follow the rules has its own set of potential consequences. That’s true whether you’re a student…

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