Back in January, the U.S. Department of Labor published its annual report detailing the accomplishments of its Wage and Hour Division. The “WHD by the Numbers 2023” report revealed several key things. One was the cost of employers’ failure to comply with the Fair Labor Standards Act. In 2023 alone,…
Yesterday, the U.S. Department of Labor announced the publication of a new regulation governing the salary minimums applicable to certain exemptions under the Fair Labor Standards Act; namely, the executive, administrative, professional, outside sales, [or] computer employee” (a/k/a “EAP”) exemption and the highly compensated employee (HCE) exemption. According to DOL…
Whether you are an employer or a worker, employee-versus-nonemployee classification for purposes of employment law is a vital step, and the extreme importance of this classification process is something where you definitely should consult a knowledgeable Atlanta wage and hour lawyer. As a worker, misclassification may improperly deny you access…
A recent minimum wage case from Massachusetts is a reminder that just because an employee is not actively engaged in conducting the employer’s business — or maybe even is asleep — that doesn’t mean those hours aren’t compensable time. Hours spent on-call or waiting to work may or may not…
Domestic workers (like nannies and housekeepers) are a diverse group. Even fictional depictions range from Julie Andrews’ Mary Poppins to Robin Williams’ Mrs. Doubtfire. In real life, these workers often put in long hours, working more than 40 hours a week. Those facts may mean that a nanny or housekeeper…
Food delivery drivers frequently can be the victims of Fair Labor Standards Act violations. That can include improperly underpaying drivers who use their personal vehicles for deliveries (by paying them only the minimum wage and then not properly paying them for the vehicle expenses they incur,) or illegally underpaying them…
An Atlanta wrecker and towing service found itself in court after two drivers accused it of illegally failing to pay them the overtime compensation they were properly due under the Fair Labor Standards Act. The court’s summary judgment ruling in the case includes vital lessons for employers when it comes…
Earlier this year, the Fair Labor Standards Act celebrated its 85th anniversary. Later this year, the executive and administrative exemptions will also turn 85 years old. The FLSA helps ensure workers receive fair compensation, while the exemptions provide important aid to employers. Whether you are an employer or an employee,…
A case from outside Georgia serves as a useful reminder to employers and employees alike regarding the Fair Labor Standards Act’s rules regarding “rounding” time a worker works each day. The overarching concept that you need to know is this: if an employer’s rounding policy results in an outcome where,…
An internet meme about lawyers mines humor from the frequency with which attorneys answer questions with “It depends.” Truthfully, “it depends” very often is the right answer, as many legal disputes that appear similar may yield vastly differing results depending on any number of (or sometimes just a few) key…