Generally, an employer must pay employees overtime wages unless the employee is exempt under federal or state law. Determining whether an employee is overtime exempt can be difficult, especially if the employee’s duties are of a mixed nature. In a recent case, the Court of Appeals of Georgia noted that…
Perhaps drawing inspiration from the college bowl games and NFL playoffs, the world of employment law lately seems fixated on the intrigue of overtime, although more in the context of bonus pay than bonus play. While it may not be as thrilling as a Hail Mary pass or as heartbreaking…
In Johnny Cash’s One Piece at a Time, the singer tells the story of an assembly line worker who longs for one of the cars he spends his days building. Instead of pinching pennies, he devises a plan to acquire that car little by little. With an over-sized lunchbox and some help…
“McJobs” may soon come with a side of leverage for workers who find themselves the victims of labor law violations. In a surprising move, the general counsel for the National Labor Relations Board (NLRB) last month permitted regional directors to name McDonald’s Corp. as a joint employer along with its…
A federal court in Georgia recently permitted conditional certification of a class of Home Service Consultants in Randle v. AllConnect, Inc. The plaintiffs seeking conditional certification had charged that their employer, AllConnect, had failed to pay overtime compensation for all hours in excess of 40 per week, and that AllConnect…
A federal court in Tennessee granted in part and denied in part an employer’s motion for summary judgment in a case involving racial discrimination and unpaid wages. In Davis v. FedEx Corporate Services, Inc., Rosie Davis was an African American who began working for FedEx in 1989. Beginning in 2003,…
A federal judge in Georgia recently denied a plaintiff’s motion for conditional certification of a class-action lawsuit over wage and hour violations. In Wallace v. Norcross Associates, LLC, the plaintiffs sought unpaid overtime wages under the federal Fair Labor Standards Act (FLSA). Alvina Wallace and the other litigants were sales…
A federal court in Georgia recently denied a motion to dismiss in a case where an employee alleged wage and hour violations and sexual harassment. In Malphurs v. Cooling Tower Systems, Inc., Amanda Malphurs worked at Cooling Tower Systems in an hourly position from November 2011 to May 2012. Her…
While a 40 hour workweek is considered standard practice in the United States, many employees often go above and beyond the call of duty in an effort to meet deadlines, make a positive impression, or get ahead. According to the Fair Labor Standards Act (FLSA), employers are obligated to provide…
Under the Fair Labor Standards Act, nonexempt employees are entitled to overtime at a rate of one and one-half times their regular hourly rate for hours worked in excess of 40 per week. However, it is possible for a nonexempt employee to be paid on a “salary” basis, in which…