The U.S. Court of Appeals for the 11th Circuit recently reversed a district court ruling in the case of Edwards v. Fulton County, Georgia, et al., finding that Edwards had a valid claim under the Equal Pay Act, Atlanta employment attorneys report. The Equal Pay Act is a federal law…
Atlanta Employment Attorneys Blog
Sequestration Cuts Short Federal Extended Unemployment Benefits
The Atlanta Journal-Constitution is reporting that the current federal government sequestration will begin adversely affecting federal extended unemployment benefits for unemployed workers in Georgia and across the United States. Regular state unemployment benefits will not be affected by the sequestration, but extended benefits funded by the federal government will be…
Clearwater Paper to Lay Off 150 Thomaston Workers
According to the Atlanta Journal-Constitution, the Clearwater Paper Corp. has announced its plans to close a Thomaston tissue converting and distribution facility, a move which will affect approximately 150 workers, Georgia employment lawyers report. The Thomaston plant is located in Upson County, about an hour and a half south of…
Salary Issues: The Professional Exemption under the FLSA
Although minimum wage and overtime pay regulations apply to most employees in the United States, there remain certain employees that are exempt from both. Section 13(a)(1) of the Fair Labor Standards Act (FLSA) notes exemptions for professional, executive, administrative, and outside sales employees. Certain computer employees are also exempt under…
Waiving Overtime Rights
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…
Safeguarding Tipped Employees
The Fair Labor Standards Act (FLSA) outlines a number of requirements regarding the payment of employees who regularly receive over $30 per month in tips. According to these requirements, tips are to remain property of the employee and cannot be confiscated by an employer except in cases where a tip…
Protecting Employees from Unlawful Retaliation
Since its introduction in 1938, the Fair Labor Standards Act (FLSA) has served as a guardian against the unfair treatment of full and part-time employees throughout the United States. The FLSA regulates minimum wage, child labor, overtime payment, and recordkeeping for federal, state, and local governments, as well as employees…
Department of Defense Security Clearance Denial Reversed
November began on a high note for Parks, Chesin & Walbert with the successful appeal of a security clearance denial. The client, a government contractor based in Washington, DC, was initially denied an industrial security clearance by the Department of Defense (DoD). The Statement of Reasons (SOR) issued by the…
Overtime and the Fluctuating Workweek
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…
Individual Liability for Violations of the Minimum Wage and Overtime Laws
Business owners are well-advised to organize their businesses using one of the legal forms that provides for limited liability protection. These forms include the Limited Liability Company (“LLC”) , the Limited Liability Partnership (“LLP”), and the Corporation. The advantage of incorporating a business in this manner is that the owners…