Articles Posted in FLSA

There are many ways in which a Fair Labor Standards Act violation can occur. One of those is when your employer fails to pay you overtime for the work you did in excess of 40 hours in a week. This failure could mean missing out on a substantial amount of pay. Your employer may try to avoid paying and avoid liability by arguing that the FLSA does not entitle you to receive overtime pay. When that happens to you, fight back with an experienced Atlanta unpaid overtime lawyer.

You probably already know that certain groups of workers are described as “exempt” when it comes to the overtime provisions of the FLSA. In other words, employers do not violate the law when they fail to pay those workers overtime. Generally, a lot of folks associate “exempt employee” jobs with “white collar” salaried positions. These workers aren’t the only ones who are exempt. Another group of exempt workers is agricultural workers.

As the overtime case of a fruit harvesting and hauling company based in Florida reveals, though, not all work done in connection with an agricultural operation is, in fact, covered by the agriculture exemption to the FLSA. In other words, just because you work in the agriculture business, that does not automatically mean you cannot be owed overtime pay.

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June 2021 brought yet another lawsuit against an Atlanta-area gentlemen’s club due to the club’s alleged failure to comply with minimum wage and overtime laws in its payment of its dancers. This is not the first time that a Georgia club has been hauled into court for this kind of legal violation. For those both inside and outside the strip club industry, a failure to receive the pay the law demands means an unfairly diminished degree of financial security. Don’t suffer in silence; instead, get in touch with a knowledgeable Atlanta minimum wage and overtime lawyer right away.

This latest Fair Labor Standards Act case involved a strip club located in Clayton County. The plaintiffs were two of the club’s dancers who alleged that the pay they received violated both minimum wage and overtime laws.

According to one of the dancers, she worked more than 1,000 unpaid hours across five months, 200 of which were overtime hours. The second dancer had it even worse, working more than 2,400 unpaid hours across 13 months, including 600 hours of overtime, according to the complaint. All told, the club allegedly owed the dancers more than $27,000 and $55,000, respectively.

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When you retain a knowledgeable Atlanta minimum wage lawyer, you are getting more than just the things that that attorney knows about the law itself. You are also getting the benefit of everything that that lawyer knows about trials and trial practice, including all of the procedural rules and requirements. You are getting your counsel’s knowledge of a case’s value, derived from his/her past professional experiences. When you choose the right attorney, you are getting a wealth of knowledge in all of these areas, which can help at every step along the way, including making settlement-versus-litigation decisions or carrying out an appeal.

Taking the correct steps at each of these junctures is crucial to maximizing your success. A minimum wage case that was recently before the federal 11th Circuit Court of Appeals is a good example.

The worker in the case, R.V., was a salesman at a vehicle dealership. The salesman’s lawsuit alleged that the employer forced him to work off the clock without paying him a minimum wage, in addition to other violations of the Fair Labor Standards Act. The salesman asserted that the employer owed him more than $12,700 in damages.

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When you sue because you were denied overtime pay you rightfully earned, there are several critical decisions you’ll need to make, including those related to settling the case. These include answering questions like: Do I settle now or hold out? and Is this offer amount a fair sum? It also involves determining whether the proposed settlement agreement is genuinely fair and properly protects your interests. When it comes to making these essential decisions, don’t go it alone, but instead rely on the knowledgeable advice of an experienced Atlanta unpaid overtime lawyer.

The settlement of a recent Fair Labor Standards Act case from rural southwest Georgia demonstrates how essential it is to ensure, not only that you have the right settlement amount, but also the right settlement agreement.

The plaintiffs were a group of several dozen workers who processed animals at a Georgia slaughterhouse. The workers were hourly employees who allegedly, on several occasions, worked more than 40 hours in a week but did not receive the overtime pay they should have.

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If you have been harmed at work, such as a failure by your employer to pay you minimum wage or your failure to receive overtime pay you’ve earned, you’ll face many hurdles. One of these may be people – whether it’s your employer or third parties – trying to convince you that you have no case. Don’t rely on the opinions of the naysayers. Instead, make your decisions only after you’ve sought out and obtained advice from a knowledgeable Atlanta wage-and-hour lawyer. You might be surprised what options the law has for you.

W.S.E. was a worker whose unpaid overtime case illustrates this point well. Even though W.S.E. worked (and sued) in Florida, her case was decided by the federal 11th Circuit Court of Appeals, which is the court whose opinions control federal cases in Florida, Georgia, and Alabama, so the ruling has a direct impact on you if you’re pursuing a Fair Labor Standards Act case in federal court here in Georgia.

W.S.E., an administrative assistant with a small pest-control services company that served the Miami-Fort Lauderdale-West Palm Beach area, filed an FLSA lawsuit in which she accused her employer of improperly failing to pay overtime it owed her.

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In attempting to assert an Atlanta employment law claim, it important that the plaintiff include the appropriate allegations and requests for relief. Sometimes, however, more information becomes available as the case develops, such that a plaintiff may attempt to file an “amended complaint” to include the new information or an updated demand for relief.

Depending upon the court rules and the status of the proceedings, the plaintiff may or may not need the court’s permission to file an amended complaint. Likewise, the defendant may wish to alter its answer. A timely request to amend the pleadings is important, regardless of whether it is the plaintiff or the defendant who is making the request.

An amended pleading may appear to give the parties more than a single “bite at the apple,” so to speak. However, there are limitations on what can be accomplished via an amendment, as rules such as the statute of limitations still apply.

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The Fair Labor Standards Act (FLSA) is a federal law that establishes a minimum wage and sets forth the rules that apply to overtime pay. This important statute also codifies certain recordkeeping requirements that are to be imposed upon employers, and it has provisions designed to prevent the exploitation of children in the workforce.

If someone believes that they may have an Atlanta wage and hour claim, it is important that they speak with legal counsel as soon as possible. There are several important steps to asserting one’s legal rights under the FLSA, and deadlines may apply.

A successful FLSA litigant may be entitled to several types of damages, including a court order requiring the defendant employer to pay the plaintiff employee’s attorney’s fees and related litigation costs. The plaintiff employee may also be entitled to monetary compensation for unpaid overtime wages, among other damages.

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There was a lot of talk during the recent election cycle about the possibility of raising the minimum wage. Whether or not this will happen remains to be seen, but, in the meantime, there are a number of state and federal laws aimed at ensuring that workers are treated fairly when it comes to pay.

One such law requires that employees who put in more than 40 hours per week are entitled to be paid an overtime wage of one and a half times their regular pay. Not all workers qualify for overtime pay, but the vast majority do.

If you believe that you qualify for overtime pay, but your employer has not been paying you time and a half for your weekly hours over the 40-hour threshold, you should talk to an Atlanta wage and hour attorney. Be mindful that there are deadlines for filing claims for overtime pay, and claims not timely filed may be deemed waived.

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An Atlanta wage and hour claim has the potential to anger the employer who is accused of wrongdoing, possibly subjecting the complaining employee to further misconduct in the workplace (assuming that he or she is still employed following the claim). Of course, it is important to note that it can be a violation of state and federal law for an employer to intentionally retaliate against a worker simply because he or she has asserted his or her legal rights in a court of law or other tribunal.

However, not every complaint of unlawful retaliation will be successful in court, as the employer does have some defenses, including an adverse employment action based on a legitimate reason rather than in retaliation; notably, in order for this defense to relieve it of liability for wrongful termination, the employer must be able to show that it was not merely pretextual.

Facts of the Case

In a case recently discussed by the United States District Court for the Southern District of Georgia, Savannah Division, the plaintiff was a former police officer whose employment was terminated by the defendant city in 2018. The plaintiff filed suit in federal court, alleging that the defendant had violated her legal rights under the Fair Labor Standards Act of 1938, § 28 U.S.C. 201, et seq. by engaging in unlawful workplace retaliation after the parties had settled a separate lawsuit in late 2017.

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An Atlanta wage and hour lawsuit can help a worker seek redress against an employer who refuses to pay him or her in accordance with the law, including statutes and regulations aimed at making sure workers are paid a certain minimum wage. The issue of what, exactly, constitutes a fair and living wage has been the subject of much debate in recent years. As a result, some local governments have attempted to take matters into their own hands by establishing their own – higher – minimum-wage laws. A recent case arising in a sister state provides instruction on how this well-intentioned process can sometimes fail to have the result sought by local lawmakers.

Facts of the Case

In a recent federal appellate court case, the plaintiffs were two African American employees who complained that their employer had refused to pay them the appropriate minimum wage, as established by a city ordinance (setting the rate at $10.10, rather than the amount set by federal law). The employer’s actions were based on a statute (passed after the city had increased the minimum wage in its borders) “prohibiting and voiding” any local law that purported to increase the minimum wage above that which was established under federal law. They sued the defendant attorney general, averring that their rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution had been violated. The trial court dismissed their claims, and they appealed.

The Court’s Ruling

The United States Court of Appeals for the Eleventh Circuit affirmed in part and remanded the case to the panel. The appellate court first held that the plaintiffs lacked standing under Article III of the United States Constitution to bring their equal protection claims against the defendant attorney general because they could not show that their injuries were “fairly traceable” to his conduct or that their injuries could be redressed by a decision against him. Because the plaintiffs lacked standing to bring suit against the attorney general under the circumstances, the court found it unnecessary to reach the other issues in the case (including whether the attorney general was a proper defendant and/or whether the plaintiffs had stated a plausible equal-protection claim on the merits).

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