For many people who need to pursue legal action for unpaid overtime, one of the biggest hurdles they must clear is establishing that they are employees and not independent contractors, as independent contractors are not entitled to overtime pay under the Fair Labor Standards Act. Success in this regard involves utilizing the “economic reality test” established under federal law. Utilizing this test to your maximum benefit can be critical to your success, so it is vitally important that you have an experienced Atlanta unpaid overtime lawyer on your side from the very start.
To get an idea of this “economic reality test” in action, there’s this recent FLSA case from the federal court for the Northern District of Georgia. The plaintiffs were maintenance workers who alleged that, over an extended period, they were deprived of substantial amounts of overtime pay.
The group of handymen did maintenance work for an entity created to provide maintenance and property rehab services to a residential property management company. R.K., one of the workers, alleged that he “worked an average of ’60-plus hours a week'” during the period from April 2018 to January 2019 but did not get paid any overtime.