Atlanta Employment Attorneys Blog

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.

An Atlanta Worker Gets $130K After Her Employer Wrongfully Delayed Approving Her Use of Non-Revolving Entrance Doors

February 14, 2022 | Parks, Chesin & Walbert

Some years ago, an employment discrimination attorney on the other side of the country said, after analyzing a court ruling in his state, that the key point employers should take away from the decision was, essentially, “don’t be a schmuck,” (only he didn’t say “schmuck.”) Today, too many employers are making the lives of some workers with disabilities needlessly difficult — as well as violating the law — because they didn’t heed this lawyer’s wise advice when came to approving disability accommodations. If you’re a person with disabilities here in Georgia and your employer has engaged in similar conduct toward you, they may have violated the Americans With Disabilities Act, so you definitely should make the effort to contact an experienced Atlanta disability discrimination lawyer to talk about your situation.

A federal disability discrimination case that was recently settled seems like it may have been one of these times. The employee, S.M., worked for a large health insurance employer in Atlanta. The building where the woman worked had multiple entrances but, generally, employees were required to pass through revolving doors to enter the building.

S.M., however, had significant claustrophobia, and passing through a revolving door was exceedingly problematic for her. Based on her condition, the woman sought a workplace accommodation, which was to use a non-revolving door. S.M. provided the employer with a letter from her doctor stating her need for the accommodation and, though the court did not delve into the details of the building’s entrances, hers would seem like a modest accommodation request.

‘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.

What a ‘Retaliatory Hostile Work Environment’ Is and How Proof of It Can Help Your Georgia Employment Law Case

January 31, 2022 | Parks, Chesin & Walbert

The law gives many workers certain rights. The right to a minimum wage, the right to overtime pay, and the right to a workplace free from sexual harassment and certain forms of discrimination are a few of those. When you, as a worker, stand up for those rights — whether yours or a coworker’s — you shouldn’t be punished for it, but too many are. If you’re concerned about retaliation at your job, you owe it to yourself to get in touch with a knowledgeable Atlanta workplace retaliation lawyer to discuss your situation.

Often, people associate workplace retaliation with a discrete form of punishment. For example, a worker who got fired just a few weeks after filing a formal sex discrimination complaint, or a worker who was demoted just a couple of months after settling an unpaid overtime lawsuit. Those kinds of adverse employment actions, while potentially valid bases for a retaliation claim, are not the only type, however.

It’s also possible that you can be harmed by what’s called a “retaliatory hostile work environment.” A retaliatory hostile work environment happens your protected activity triggers misconduct directed at you that rises to a level of hostility that would motivate a reasonable person not to speak out about a violation. Well-represented recent plaintiffs are continuing to reap the benefits of this newer pathway to success in a retaliation claim.

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.

The Significance of Summary Judgments in Your Georgia Employment Discrimination Case

January 18, 2022 | Parks, Chesin & Walbert

After you’ve suffered discrimination at work and determined that a discrimination lawsuit is necessary, there are several essential hurdles you need to clear. One of the biggest ones is defeating your employer’s motion for summary judgment. Whether you’re before, at, or past the summary judgment stage in your case, representation from the right Atlanta workplace discrimination lawyer can be crucial to your success.

Take, for example, disability discrimination plaintiff C.G., who worked as an “Inclusion Specialist” at a Cobb County preschool for children with special needs.

C.G.’s problems arose abruptly when she experienced numerous seizures/neurologic episodes on Dec. 13-14, 2018. By Dec. 20, she was ready to return to work. On Dec. 21, however, the employer convened a meeting with C.G. and the executive director told C.G. and her husband that the school “was going to treat C.G. as if she had suffered seizures that could reoccur so it could not allow her to return to any classroom due to liability risk and exposure to [the school] in case she injured herself, a co-worker, or a student while working.”

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.)

Age Discrimination in the Restaurant Industry and What You Can Do if It Happens to You in Georgia

December 23, 2021 | Parks, Chesin & Walbert

Back in 2018, a major restaurant chain headquartered in neighboring Florida paid out roughly $2.85 million to settle an age discrimination class action. While that was one of the more headline-grabbing cases of age discrimination in the restaurant and foodservice industry, it is far from the only one. Indeed, one of the most recent alleged occurrences comes from right here in North Georgia. What these cases have in common is that the workers took prompt legal action, which is absolutely essential to getting justice for the harm you suffered. If you’ve encountered discrimination at work because you’re age 40 or older, you should waste no time in getting in touch with an experienced Atlanta age discrimination lawyer.

That North Georgia age discrimination case involved a man in his 50s who had worked at a Roswell coffee shop for five years when the shop, which was a part of a major Seattle-based chain of coffee shops, fired him in July 2021. The man was a “Store Manager” when the shop fired him.

According to his lawsuit, his termination was part of a larger, concerted scheme by the employer to weed out older managerial employees and replace them with younger managers. This allegedly included firing workers who had been with the company for several years and “who did not have a history of written disciplinary action.”

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.