FLSA Category Archives — Page 9 of 14 — Atlanta Employment Attorneys Blog Published by Atlanta, Georgia Employment Lawyers

What Happens When an Employer Willfully Misclassifies a Worker as an Independent Contractor Instead of an Employee

April 22, 2022 | Parks, Chesin & Walbert

Regrettably, employee misclassifications occur all too frequently. Sometimes, they may be the result of good-faith errors. Other times, though, the employer knew (or should have known) that it was not following the law. When that happens, you can seek a finding in your unpaid overtime case that your employer willfully violated the Fair Labor Standards Act, which can greatly enhance the compensation you can receive. If you think your employer willfully broke the law, you need an experienced Atlanta unpaid overtime lawyer to help you get everything to which the law entitles you.

J.M. was one of those people. She worked for a company that provided “in-home healthcare and companion services.” According to her lawsuit, J.M. frequently worked more than 80 hours a week. However, she received only $1,500 per month for her work. The employer allegedly never paid J.M. any overtime for any of the hours she worked.

The employer did this by classifying J.M. as an independent contractor rather than an employee. J.M.’s lawsuit asserted that her independent contractor status was a misclassification, that the employer knew (or ought to have known) it was a misclassification, and that the employer willfully violated the FLSA.

Federal Law Prohibits Employers from Retaliating Against You for Pursuing Your Rights Under the FMLA and the FLSA

April 8, 2022 | Parks, Chesin & Walbert

When it comes to things like minimum wage, overtime, and Family and Medical Leave Act (FMLA) leave, there are multiple different ways that your employer can violate the law. First, there’s the violation itself, in which your employer denies you what the statute demands. Additionally, though, many cases involve retaliation, where an employer punishes an employee for asserting (or, in some instances, merely inquiring about) their statutory rights. An experienced Atlanta employment lawyer can help you determine if retaliation occurred in your case and how to pursue relief for that retaliation.

Last month, the U.S. Labor Department’s Wage and Hour Division (WHD) issued a new guidance document focusing on the issue of retaliation. Specifically, the bulletin placed a spotlight on instances of retaliation against workers who assert their rights under the FMLA, the Fair Labor Standards Act (FLSA), and other labor laws.

As the bulletin noted, legal protections against retaliation are necessary to safeguard workers’ rights. A worker forced to choose between being illegally underpaid or having no job at all reasonably might choose the former over the latter. As a result, “it continues to be of paramount importance that WHD fully enforce the anti-retaliation provisions of the laws.”

Getting Technical: How an Experienced Atlanta FLSA Attorney Can Help When Your Case Presents Procedural Issues

March 24, 2022 | Parks, Chesin & Walbert

Sometimes, some people can lull themselves into a false sense of confidence when it comes to litigating their unpaid overtime, minimum wage, improper classification, or other Fair Labor Standards Act case. They may tell themselves they don’t need an experienced Atlanta employment lawyer. They might say to themselves “I worked 40 hours each week and I only got paid $200 per week, so how hard can it be to present — and win — my minimum wage case?”

Don’t let yourself fall into this trap. Even cases that seem to have very clear-cut facts in your favor often present thorny issues of law and/or court procedure that require (or at least can benefit from) the deft touch knowledgeable legal representation will provide.

Take, for example, the FLSA case of H.T., a man who worked as a builder/installer for a South Georgia construction company. The construction company allegedly “controlled all aspects” of the builder’s work, including choosing the construction sites where the builder worked and assigning the tasks the builder completed while there. The company also set the builder’s work schedule, provided him with all the necessary materials and equipment, and controlled the amount of payment the builder received, according to H.T.’s lawsuit.

How Long You Have to Take Legal Action in Georgia If You’ve Been Denied Overtime or a Minimum Wage

March 17, 2022 | Parks, Chesin & Walbert

In certain areas of business, sports, or life in general, it is often said that “timing is everything.” If you are someone whose employer has failed to pay you appropriate overtime compensation or pay you in accordance with minimum wage laws, timing isn’t everything but it is undeniably a crucially important thing. Waiting too long can mean a case outcome where you recover nothing, regardless of how strong your proof is. If you’ve illegally underpaid, don’t wait to act. Go out as soon as possible to talk to a knowledgeable Atlanta unpaid overtime or minimum wage lawyer about your situation.

A recent overtime and minimum wage case from a federal court in neighboring Florida is a reminder of how important a thorough understanding of how the statutes of limitations, and the deadlines they impose, are.

In that case, J.R. worked at a motel in Lakeland, Florida, starting in 2010. According to her complaint, the woman averaged roughly 98 per week on the job. In return, the motel owner allegedly paid her anywhere from $0 to $30 per week.

Successor Liability and Your Federal Unpaid Overtime Case in Georgia

February 21, 2022 | Parks, Chesin & Walbert

When your employer fails to pay you what you’re owed under the law, you inevitably are going to face certain challenges in getting that compensation. Having your employer engage in legal subterfuge to avoid paying you should not be one of them, but it does happen. Any time you need to pursue legal action for the pay you’ve wrongfully been denied, but especially when your employer has engaged in illegal steps to try to escape paying, you need the advocacy of a knowledgeable Atlanta unpaid overtime lawyer.

One of those techniques may be for your employer simply to shutter their old business and create a new one at the same location, run by the same people, doing the same work.

A pair of paralegals who worked at a law office in Miami recently filed a legal action where they claimed that that was what happened to them. According to the paralegals, the employer improperly failed to pay them proper regular and overtime compensation, so they quit in the summer of 2019 and initiated a Fair Labor Standards Act lawsuit in federal court.

‘Enter Username and Password’: When the Minutes You Spend Prepping for Your Shift May Be Countable Time for Calculating Your Overtime Pay

February 7, 2022 | Parks, Chesin & Walbert

Lots of workers know the drill. Officially, your workday begins at 8:00 am or 9:00 am or whenever, but it doesn’t really begin at that time. “Eight o’clock” means you have to be ready to take calls or manufacture items or enter data into a computer at 8:00, which means that your workday actually begins at 7:50 or 7:45 or 7:whatever, when you have to be at your workstation and get started prepping for the tasks that must start at the top of the hour. What you may not know, however, is that those minutes prepping may potentially count in calculating overtime pay and in determining whether your pay meets the minimum wage. If your employer isn’t counting this time, it is possible your employer is shortchanging you in violation of the Fair Labor Standards Act. Get in touch with an Atlanta minimum wage and overtime lawyer to find out more.

The law says that certain forms of preparation are things that must be counted when calculating your total hours worked. According to the U.S. Department of Labor, employers’ failure “to count and properly pay for pre-shift work is a common violation” of the FLSA and other related federal laws.

A recent example of this kind of FLSA violation involved a company based in neighboring Florida that the Labor Department cited for violating the law, affecting dozens of workers, the Miami Herald reported.

U.S. Labor Department Busts a Tire Shop for Overtime Violations Affecting 72 Workers in Georgia and South Carolina

January 25, 2022 | Parks, Chesin & Walbert

Violations of the Fair Labor Standards Act — in the form of unpaid overtime — occur frequently. Some of them may be an employer’s good-faith mistake in the calculation of a worker’s overtime hours, or they may be more nefarious things like intentionally misclassifying workers or forcing workers to work “off the clock.” Either way, it is against the law and, if you are a worker harmed as a result of unpaid overtime, you have the right to take action and should get in touch with an experienced Atlanta unpaid overtime lawyer right away to find out more about the legal options that exist for you.

A business in Georgia and South Carolina was one of those entities that the federal government recently caught violating the FLSA. The business, a tire and auto repair shop, had three locations in Georgia (Pooler, Darien, and Dublin) and two in South Carolina.

There were actually multiple ways that the shop violated federal overtime laws, according to the U.S. Department of Labor. For one thing, the shop required employees to complete after-hours service calls but, when it came to calculating those workers’ overtime pay, the employer did not properly factor in those after-hours service calls.

U.S. Labor Department Sues a North Georgia Employer After It Paid an Ex-Employee Using a ‘Mountain’ of Dirty Pennies

January 10, 2022 | Parks, Chesin & Walbert

We all know that workers have certain rights established by Georgia law and federal law. For many workers, it’s not as simple as that. They fear that, if they invoke those rights, they will incur harm that will have a long-lasting negative effect on them and their career going forward. Do not let this fear scare you away from contacting an experienced Atlanta minimum wage and overtime lawyer and pursuing your legal options. Not only does the Fair Labor Standards Act give you certain rights regarding your pay, but it also gives you the potential opportunity to recover compensation if your employer retaliated against you for seeking the fair pay you deserve.

Many news outlets, including major ones like AP, UPI, NPR, and Fox News have sections dedicated to news that is “weird,” “odd,” or “strange.” A lot of these make for fun reading and perhaps a few laughs. Some, however, can be more educational than funny.

Take, for example, a recent peculiar story about an employment dispute that occurred right here in North Georgia. The employee, A.F., worked at an auto shop in Peachtree City. When A.F.’s employment at the shop ended, the employer did not pay him his last paycheck. Still owed $915, the worker took his complaint to the U.S. Department of Labor.

The Federal Minimum Wage is $7.25 and Georgia’s is $5.15, So Which One Applies to My Job?

December 30, 2021 | Parks, Chesin & Walbert

In almost all areas of the law, there’s a certain interplay between federal law and state law because, when it comes to a lot of subject areas, both have laws addressing and governing that topic. Here in Georgia, that’s true about a lot of employment law-related issues, including everything from age discrimination to the minimum wage to overtime pay. The key in any situation is to know whether federal law or state law applies to your circumstance. Doing this often requires in-depth knowledge of the law, which is why it pays to have an experienced Atlanta minimum wage attorney handling your case.

The hashtag #todayilearned (or TIL for short,) which loosely equates to the more well-worn “Did you know?”, is a common meme on social media. There’s even an entire subreddit (a/k/a subgroup) on the popular internet community Reddit devoted to people sharing things they newly learned.

What does that have to do with Georgia employment law? Perhaps not much, but there is this: a few years ago, members of the Reddit community discussed the fact that Georgia state law sets the minimum wage at $5.15 per hour, beneath the federal law minimum wage of $7.25. That amount remains the Georgia minimum wage today. (Georgia and Wyoming have the lowest state minimum wages, and Georgia’s is not set to go up in 2022.)

The Importance of Attention to Detail, and Using Your Employer’s Lack of It to Your Advantage in Your FLSA Case

December 16, 2021 | Parks, Chesin & Walbert

An American psychotherapist became famous after he published a self-help book entitled Don’t Sweat the Small Stuff… and it’s all Small Stuff. While that may be great advice in terms of mental health, the exact opposite is often true in legal matters. Many times, the small stuff is the stuff most worth sweating, as something very small may make a very big difference in terms of success versus defeat. That’s why a knowledgeable Atlanta worker misclassification lawyer is so valuable to you, as your attorney will spot all of the small stuff that is most definitely worth sweating.

Here in Georgia, workers, when it comes to minimum wage and overtime, often rely on the protections written into federal law. With that in mind, even cases from outside Georgia may offer very useful insights for you and your minimum wage and overtime case.

A recent Fair Labor Standards Act case from North Carolina is a good example. The case involved an industry where minimum wage and overtime disputes are common: adult entertainment. The plaintiff was an exotic dancer at a club in the Raleigh, North Carolina area. Her lawsuit alleged that the club improperly classified her as an independent contractor when she really was an employee and, in the process, improperly failed to meet the overtime and minimum wage obligations of the FLSA.