The Fair Labor Standards Act provides protections for workers when it comes to minimum wage as well as overtime. The FLSA’s protections are wide-reaching and contain few exceptions. Nevertheless, a church attempted to evade the law by having its buffet restaurant staffed mostly by unpaid “volunteers.” The U.S. Department of…
Articles Posted in Minimum Wage
11th Circuit Allows Employees to Bring FLSA Collective Action and State Class Action in One Case
A recent ruling by the 11th Circuit Court of Appeals is an important one for Georgia employers and employees to note, since it may affect some potential minimum wage and overtime cases. In the new decision, the 11th Circuit decided that it would join numerous other circuits in concluding that…
Georgia Employer Allowed to Keep Some of Employees’ Tips as Long as Employees Received Minimum Wage
A decision from a federal court in Atlanta this summer became the latest in a group to reject a recently created regulation by the U.S. Department of Labor declaring tips to be the property of employees in all circumstances, regardless of whether the tips were needed to raise the employee’s…
Eleventh Circuit Rules that Engineer Can’t Use Minimum Wage Law to Attack Employer’s Withholding of Final Pay
A recent 11th Circuit Court of Appeals case addressed the unusual question of whether an employer can go from exempt to non-exempt based upon the employer’s decision to withhold pay as part of an employment dispute. In the 11th Circuit ruling, it decided that, in this case, the employee remained…
U.S. Supreme Court Refuses to Hear Case, Meaning Home Health Workers Remain Entitled to Minimum Wage, Overtime Protections
A late June decision by the U.S. Supreme Court not to take a case pursued by several trade association groups means that a revised regulation expanding minimum wage and overtime protections to almost two million additional home care workers will stand. The high court’s refusal to hear the case leaves…
Georgia Exotic Dancer Launches New FLSA Lawsuit Against Athens Club
A woman who previously worked as an exotic dancer at an Athens club recently launched a class action lawsuit accusing her former employer of violating the Fair Labor Standards Act. According to the former employee, the club improperly withheld wages, overtime pay, and tips by improperly classifying her as an…
Georgia Supreme Court Says Home Care Workers Covered by State’s Minimum Wage Law
In a unanimous decision, the Georgia Supreme Court ruled in November that home care workers who are employed by third-party service providers and perform their jobs in the homes of the employers’ clients are not exempt from the Georgia minimum wage law. The employees, who may have opened the door…
New Legislative Session Brings Talk of a $15 Minimum Wage in Georgia
The Georgia legislature began its 2015-2016 regular session on January 12, and a controversial minimum wage bill could be up for debate in the house. House Bill 8, sponsored by Reps. Tyrone Brooks and Dewey McClain, seeks to increase the Georgia minimum wage to $15 an hour for most nonexempt…
Legal Shifts Are Giving Support to New Labor Movements
With the economic downturn largely in America’s rearview mirror as job creation and employment continue to rise, there’s been a lot of talk about the quality of many of those new roles. Whether it’s fast food workers or retail employees, the most prominent new labor issue is not whether there…
Courts Continue to Clarify What Constitutes an Employee
The economic downturn that began in 2008 changed a lot of things about the job market. Apart from the jump in unemployment rates, may of the jobs that were available were no longer the full-time positions that traditionally served as the norm for the workforce. More roles were converted to…