There are several different issues that may arise in a Georgia wage and hour case. One of these issues is the question of whether a worker has been properly classified as an employee or as an independent contractor.
This is an important distinction because independent contractors are usually exempt from the requirements of federal law concerning matters like minimum wage and overtime.
The plaintiff in a recent case was a dancer who alleged that the defendant entertainment establishment owners had failed to pay her in accordance with the Fair Labor Standards Act, (FLSA), codified at U.S.C. § 201 et seq. According to the plaintiff, the defendants misclassified her as an “independent contractor” when she was, in fact, an employee who was entitled to receive minimum wage under FLSA.