Unpaid Overtime

What the ‘Economic Reality Test’ Is and How It May Impact Your Unpaid Overtime Case in Georgia

October 15, 2021 | Parks, Chesin & Walbert

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.

You May Be Entitled to Overtime Pay in Georgia, Even if Your Job Title Says You’re a ‘Manager’

September 30, 2021 | Parks, Chesin & Walbert

Your employer may engage in various tactics that result in your not getting the total pay you deserve, including when it comes to overtime pay. Those techniques may be intentional or they may be negligent but, either way, they may be a violation of the Fair Labor Standards Act and may entitle you to receive compensation. Time to act and seek that compensation is limited, however, so make sure you contact a knowledgeable Atlanta overtime lawyer right away if you think you have been illegally denied the overtime you deserve.

A case from the U.S. Department of Labor (DOL) is a prime example. What started as an investigation into improper employment practices at a single golf driving range eventually expanded… by a great deal. By the time the DOL’s Wage and Hour Division finished, a Texas-based employer was on the hook for $750,000 in improperly unpaid overtime wages to more than 250 employers in 25 states. That group included 11 driving range employees here in the Atlanta area.

Of the $750,000, nearly $50,000 went to those 11 Georgia employees, including $16,000 to four employees at the Alpharetta driving range and nearly $33,000 to seven employees at the West Midtown location.

11th Circuit Court Says that Farm Workers Were Entitled to Overtime for the Hours They Spent Transporting Other Workers to and from Work

September 10, 2021 | Parks, Chesin & Walbert

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.

Another Atlanta-Area Gentlemen’s Club is Facing a Legal Action Brought by Its Dancers Whom It Allegedly Illegally Underpaid

August 23, 2021 | Parks, Chesin & Walbert

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.

Farm Workers in Southwest Georgia Land $100K Federal Court Settlement in Unpaid Overtime Dispute

July 21, 2021 | Parks, Chesin & Walbert

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.

Even Just a Small Number of Interstate Phone Calls Was Enough to Give a Worker a Potentially Winning FLSA Case

July 14, 2021 | Parks, Chesin & Walbert

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.

Interlocutory Injunctive Relief Against Atlanta Barber in Suit to Uphold Non-Compete Agreement Upheld on Appeal

January 23, 2019 | Parks, Chesin & Walbert

In certain types of businesses, it is not unusual for an employee to be asked to sign a covenant not to compete against his or her employer, should he or she choose to terminate his or her employment in the future. An employee who chooses to violate such an agreement may find himself or herself the defendant in an Atlanta breach of contract action to enforce the terms of the employment agreement.

Of course, not every such agreement is enforceable in court. Typically, a covenant not to compete must be reasonable in scope and duration, issues that, ultimately, are up to the court to decide.

Facts of the Case

The plaintiff in a recent state court case was a limited liability company that owned a barbershop in Atlanta. The defendant began working as a master barber for the plaintiff’s barbershop in 2015. At first, the defendant was classified as an independent contractor, but, after two of the plaintiff’s employees left to open competing businesses in close proximity to its barbershop, the defendant was asked to sign an employment contract. This agreement contained several restrictions on the defendant’s post-employment activities, should she choose to terminate her employment with the plaintiff.

Federal Court in Georgia Certifies FSLA Case So That More Potential Plaintiffs Can Opt In

January 2, 2019 | Parks, Chesin & Walbert

Under federal law, there are certain rules and regulations that govern the manner in which employees are paid. While some workers are exempt from these provisions, most are included.

Those whose employers have acted in violation of these or other laws concerning fair payment of wages may be able to recover money damages through an Atlanta wage and hour lawsuit. Because there is a limited time for taking legal action in such a situation, it is important to speak to a lawyer promptly if you think you have a potential wage and hour law case.

Facts of the Case

In a recent case, the plaintiffs were drivers and laborers employed by the defendant disposal services company. In a complaint filed in federal court, the plaintiffs alleged that the defendants had either underpaid them or had failed to pay them for overtime hours in violation of § 207 of the Fair Labor Standards Act (FLSA). The plaintiffs further alleged that the defendant’s practices also affected other similarly situated workers employed. According to the plaintiffs’ complaint, although their pay stubs purported to reflect both regular and overtime rates, the plaintiffs contended that these rates were intentionally manipulated by the defendant to make it appear that the plaintiffs were receiving overtime pay when, in fact, they were not.

What to Do If Your Employer Is Falsifying Your Timecard

July 27, 2018 | Parks, Chesin & Walbert

If your employer is shaving your hours, don’t think you’re powerless to stop it. Save the evidence you do have, and don’t worry about the evidence you don’t have — holding employers accountable and collecting your due is an achievable result. Continue reading ›

Court Refuses to Restrict Tennessee Truck Stop Worker’s Notices in FLSA Collective Action

August 15, 2017 | Parks, Chesin & Walbert

A recent unpaid overtime case originating in Tennessee placed into conflict two competing legal concepts: an employee’s right to pursue collective action litigation under the Fair Labor Standards Act and an employer’s right to obtain employees’ waiver of their right to sue under the terms of contractual arbitration agreements. This case highlights some of the complexities that can arise in FLSA cases and the importance of retaining skilled Tennessee employment counsel, who can help guide you through the sometimes complicated process of navigating the procedural pathways required in taking on your case. Continue reading ›