New technologies affect all aspects of our work lives. Workers who once wrote their clock-in and clock-out times on paper cards eventually began “punching” in and out using automated machines. Later, they clocked in and out on special electronic timekeeping machines, and eventually, timekeeping became a computerized function. With each…
A new bill pending in the Georgia Legislature would end a decades-old practice of employers legally paying some workers a wage well below the federal minimum. The legislation currently pending in the state senate is a reminder that, like all aspects of the law, wage and hour law is constantly…
Many variables may influence the eventual outcome when you decide to pursue (or need to defend) a Family and Medical Leave Act (FMLA) retaliation case. One that can sometimes be overlooked is where the case gets litigated. As a recent FMLA retaliation case from Oklahoma illustrates, the law is not…
When you pursue or defend an unpaid overtime case under the Fair Labor Standards Act, there are a lot of variables and uncertainties. One thing that is certain, in the wake of a recent U.S. Supreme Court ruling, is the standard of proof that applies when the dispute centers around…
Some employees work at the same location, performing the same role every day. A lot of workers, however, do not. They may work for their employer in multiple locations and perform various roles. Employees in this latter category may be at an exceptionally high risk of suffering the harm of…
In 2023, the U.S. Department of Labor’s Wage and Hour Division (WHD) published a fact sheet regarding certain protections that the Family and Medical Leave Act (FMLA) affords workers who take covered leave. One of the keys is that the FMLA “provides job-protected leave from work.” That protection means not…
Today, relationships are more complex than ever — including familial interactions and duties. An adult incapable of caring for herself may rely on a niece/nephew, sibling, cousin, or other non-parental relative to meet all her care needs. When that happens, the caregiver may need periods away from work. Workers and…
As this blog discussed last week, most employers will vigorously litigate a lawsuit where an employee alleges a Fair Labor Standards Act violation. In the rare situations where the employer does not, something called a “default judgment” may be available to the worker. Even though you are not litigating against…
An employer will usually vigorously litigate a lawsuit alleging that it violated the Fair Labor Standards Act. Sometimes, though, the employer will not act. The deadline for filing passed with no answer… no other pleadings… nothing. When that happens in an unpaid overtime lawsuit, the worker may pursue something called…
Last month, an important federal court ruling wiped out a new U.S. Department of Labor Rule expanding salaried employees’ eligibility for overtime compensation by narrowing employers’ ability to apply certain exemptions. A few months earlier, a different federal court ruling from Texas also significantly impacted wage and hour law, but…