Articles Posted in Wage & Hour

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Under the Fair Labor Standards Act, most employees are entitled to a minimum wage, as well as certain overtime pay benefits. An employee who believes that his or her employer has acted wrongfully under the Act should consult an attorney about the possibility of filing an Atlanta wage and hour lawsuit.

In such a suit, the plaintiff has the burden of proof, meaning that he or she must be able to convince the court of his or her entitlement to relief by a preponderance of the evidence.

If he or she is unable to do so, it is likely that the case will be dismissed on summary judgment or at trial.

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Under state and federal law, there are several different types of claims that may arise in an Atlanta wage and hour violation case, including allegations of unpaid overtime, unpaid hours, minimum wage violations, and/or misclassifications. It is important to contact an attorney promptly if you believe that your employer has violated these or other employment-related laws.

Facts of the Case

The plaintiffs in a recent case were current or former employees of a certain manufacturer of portable storage buildings in Swainsboro, Georgia. They filed suit against the defendants, the manufacturer and its chief executive officer, in 2017, asserting a putative class action arising from what the plaintiffs characterized as an “illegal payday lending scheme within the manufacturing facility.” (Certification as a class action was later denied.)

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Under the Fair Labor Standards Act, employers are obligated to pay employees in accordance with certain statutes, rules, and regulations. Failure to do so can result in an Atlanta employment lawsuit being brought against the employer under the Act.

Generally speaking, an employee who is fired in retaliation for asserting his or her rights under the Act may, additionally, be able to pursue a claim for retaliatory discharge. However, a recent case explained that there are some exceptions to this general rule.

Facts of the Case

In a recent case, the plaintiff was a man who worked for the defendant security company for about a year between July 2015 and July 2016. In September 2017, the plaintiff filed suit against the defendant, claiming that it had fired him in retaliation for his complaints about the defendant’s alleged violation of the Fair Labor Standards Act (FLSA). According to the plaintiff, the defendant had violated the overtime pay requirements of FLSA, stolen wages owed to him under FLSA, and failed to pay minimum wage under FLSA.

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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 →

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A late June decision by the U.S. Supreme Court not to take a case pursued by several trade association groups means that a revised regulation expanding minimum wage and overtime protections to almost two million additional home care workers will stand. The high court’s refusal to hear the case leaves intact a D.C. Circuit Court of Appeals ruling from last year that determined that the U.S. Department of Labor validly exercised its authority to create wage-and-hour regulations when it decided to redefine who is, and who is not, an exempt “companion services” worker.

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The Department of Labor is considering raising the minimum wage an employee must earn to be considered an overtime exempt employee. If the proposed rules raise the wage threshold as expected, millions of workers who thus far have been exempt from overtime pay could be eligible.

The federal law that controls overtime rules in Georgia and the rest of the United States is called the Fair Labor Standards Act (FLSA). The FLSA requires employers to pay employees an overtime wage of 1.5 times the employee’s normal salary for each hour in excess of 40 the employee works in a seven-day workweek.

However, the FLSA exempts many types of employees from the overtime mandate. This means that employers are not legally required to pay these overtime-exempt employees the time-and-a-half overtime wage. Whether an employee is exempt or nonexempt is determined by the primary duties of her job. The employer does not determine whether the employee is exempt or nonexempt.

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The Georgia legislature began its 2015-2016 regular session on January 12, and a controversial minimum wage bill could be up for debate in the house. House Bill 8, sponsored by Reps. Tyrone Brooks and Dewey McClain, seeks to increase the Georgia minimum wage to $15 an hour for most nonexempt employees.

The current Georgia minimum wage is $5.15 an hour, which is lower than the federal minimum wage of $7.25. Employers covered by the Fair Labor Standards Act (FLSA), a federal law, must pay the $7.25 wage. Most employers not subject to the FLSA — usually smaller entities with fewer employees — must pay the $5.15 Georgia wage. The smallest of employers may be exempt from all minimum wage laws.

The proposed legislation, if it is passed into law, also would broaden the number of employees exempted from Georgia’s minimum wage. Currently, domestic workers, farm workers, and employees who depend on tips are exempt from the law, meaning that they do not have to be paid the minimum wage. The proposed legislation would change that: Employers of domestic and farm workers would be obligated to pay the new minimum wage. For waiters and other employees who are paid gratuities the new legislation would allow tips to constitute up to 50 percent of their new $15 minimum wage.

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Perhaps drawing inspiration from the college bowl games and NFL playoffs, the world of employment law lately seems fixated on the intrigue of overtime, although more in the context of bonus pay than bonus play. While it may not be as thrilling as a Hail Mary pass or as heartbreaking as a missed kick (sorry, Auburn fans) to end the game, overtime as it relates to the Fair Labor Standards Act (FLSA) can have a major impact on both employers and employees, so it’s worth taking some time out from being an armchair quarterback to look at some of the latest developments.

Two big court decisions in December went against employees looking for overtime. The first came from the US Supreme Court in Integrity Staffing Solutions v. Busk. As covered previously on this blog, the case asked whether time—up to 25 extra minutes—spent in an internal security screening line at the end of one’s shift should be compensable. In a rare move for such divergent ideologies, the justices were unanimous in rejecting the notion that time spent in the line deserves to be time on the clock. Continue reading →

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With the economic downturn largely in America’s rearview mirror as job creation and employment continue to rise, there’s been a lot of talk about the quality of many of those new roles. Whether it’s fast food workers or retail employees, the most prominent new labor issue is not whether there are jobs to be found, but whether those jobs offer a living wage. Over the past several months, workers in minimum- and low-wage positions have made increasingly louder demands for higher pay and unionization rights through a string of walkouts and protests around the country. Perhaps a matter of serendipitous timing or the signal of a cultural shift, it seems that lawmakers and courts are giving life and validity to the movement, and employers should start taking notice.

Consider the situation at America’s biggest retailer, Walmart. For the third year in a row, Black Friday shoppers across the country were met by protests from workers and sympathizers demanding a base pay increase to $15 per hour and the right to form a union. Actually, the number of Walmart workers comprised only a small portion of the protesters, with the majority being members of other unions offering support. Whether the protesters actually represent the sentiment of all or even most Walmart workers largely depends on which side of the divide is offering an opinion, but an administrative law judge for the National Labor Relations Board (NLRB) recently sided with employees who said they were unfairly disciplined by the company for their efforts to organize workers.

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Much as single days celebrating mothers and fathers seem to fall short of fully acknowledging everything they do for their families, a lone Monday off in honor of America’s hard workers is far from all the reward they deserve. Of course, that shortfall is unfortunately what keeps employment law attorneys busy the other 364 days of the year. Instead of focusing on all that needs fixing to help ensure workers’ rights, however, today is a good day to reflect on some of the biggest labor wins of the past century.

By any objective standard, the Fair Labor Standards Act (FLSA) of 1938 should be near the top of victories for the working class. After decades of failed efforts to right wrongs that included excessive child labor, six-day work weeks of 10 or more hours a day, and unlivable wages, President Franklin D. Roosevelt and Congress engaged in years of back-and-forth negotiations to finally arrive at a bill that banned oppressive child labor, capped the work week at 44 hours, and set a minimum wage of 25 cents an hour–about $3.32 in 2014 dollars. (A detailed and compelling history of the FLSA can be found on the U.S. Department of Labor’s website.) While the FLSA couldn’t begin to solve all the ills faced by the labor force, and it didn’t achieve the 40-hour week or 40-cents-an-hour minimum wage that many had pushed, it cemented a huge win for workers’ rights.

Almost 80 years later, conditions for workers have generally improved. Still, access to fair, livable wages continues to dominate much of the conversation about what the labor force needs, with President Obama and labor unions using today to further their efforts to increase the federal minimum hourly wage from $7.25 to $10.10. So far, opponents have stalled any national movement on the issue, but several states and municipalities have already enacted higher minimum wages, with Seattle going so far as to raise it to $15 per hour.

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