Atlanta Employment Attorneys Blog

11th Circuit Rules in Favor of Employee Asserting Equal Pay Act Violation Claim: An Update from Your Georgia Employment Attorney

April 24, 2013 | Parks, Chesin & Walbert

The U.S. Court of Appeals for the 11^th Circuit recently reversed a district court ruling in the case of Edwards v. Fulton County, Georgia, et al., finding that Edwards had a valid claim under the Equal Pay Act, Atlanta employment attorneys report.

Sequestration Cuts Short Federal Extended Unemployment Benefits

April 16, 2013 | Parks, Chesin & Walbert

The Atlanta Journal-Constitution is reporting that the current federal government sequestration will begin adversely affecting federal extended unemployment benefits for unemployed workers in Georgia and across the United States. Regular state unemployment benefits will not be affected by the sequestration, but extended benefits funded by the federal government will be cut by 10.7%. Due to the financial impact that this cut may have, the Atlanta employment lawyers at Parks, Chesin & Walbert want to ensure that you are aware of this potential decrease in unemployment benefits before it begins to affect you and your family.

Clearwater Paper to Lay Off 150 Thomaston Workers

March 25, 2013 | Parks, Chesin & Walbert

According to the Atlanta Journal-Constitution, the Clearwater Paper Corp. has announced its plans to close a Thomaston tissue converting and distribution facility, a move which will affect approximately 150 workers, Georgia employment lawyers report. The Thomaston plant is located in Upson County, about an hour and a half south of Atlanta.

Salary Issues: The Professional Exemption under the FLSA

January 6, 2013 | Parks, Chesin & Walbert

Although minimum wage and overtime pay regulations apply to most employees in the United States, there remain certain employees that are exempt from both. Section 13(a)(1) of the Fair Labor Standards Act (FLSA) notes exemptions for professional, executive, administrative, and outside sales employees. Certain computer employees are also exempt under this section, as well as under Section 13(a)(17).

Waiving Overtime Rights

January 2, 2013 | Parks, Chesin & Walbert

While a 40 hour workweek is considered standard practice in the United States, many employees often go above and beyond the call of duty in an effort to meet deadlines, make a positive impression, or get ahead. According to the Fair Labor Standards Act (FLSA), employers are obligated to provide overtime pay for employees that work an excess of 40 hours in a workweek. This right to overtime pay cannot be waived through any announcement made by the employer or by any agreement made between the employer and employee.

Safeguarding Tipped Employees

December 17, 2012 | Parks, Chesin & Walbert

The Fair Labor Standards Act (FLSA) outlines a number of requirements regarding the payment of employees who regularly receive over $30 per month in tips. According to these requirements, tips are to remain property of the employee and cannot be confiscated by an employer except in cases where a tip credit or tip pool is applicable.

Protecting Employees from Unlawful Retaliation

December 13, 2012 | Parks, Chesin & Walbert

Since its introduction in 1938, the Fair Labor Standards Act (FLSA) has served as a guardian against the unfair treatment of full and part-time employees throughout the United States. The FLSA regulates minimum wage, child labor, overtime payment, and recordkeeping for federal, state, and local governments, as well as employees in the private sector. Continuous amendments to the document ensure salary standards congruent with living expenses in the current economy.

Department of Defense Security Clearance Denial Reversed

November 28, 2012 | Parks, Chesin & Walbert

November began on a high note for Parks, Chesin & Walbert with the successful appeal of a security clearance denial. The client, a government contractor based in Washington, DC, was initially denied an industrial security clearance by the Department of Defense (DoD). The Statement of Reasons (SOR) issued by the Defense Office of Hearings and Appeals (DOHA) in April cited financial considerations as grounds for revocation of security clearance by the DoD.

Overtime and the Fluctuating Workweek

July 18, 2012 | Parks, Chesin & Walbert

Under the Fair Labor Standards Act, nonexempt employees are entitled to overtime at a rate of one and one-half times their regular hourly rate for hours worked in excess of 40 per week. However, it is possible for a nonexempt employee to be paid on a “salary” basis, in which case the employee may receive only one-half times the regular rate for hours worked in excess of 40 per week. This method is called the “fluctuating workweek” (or “flex-pay”) method of calculating overtime (though sometimes it is unfortunately referred to as “Chinese Overtime”). The premise of flex-pay is fairly straightforward: because a nonexempt employee received a salary as compensation for all hours worked, the employee has already been paid all wages at the regular rate for all hours worked, including hours worked over 40. Accordingly, only the additional half-time overtime rate is owed for hours worked over 40. Flex-pay gets its name(s) because, when an employee is paid on a salary basis, the regular rate will fluctuate based on the number of hours worked. Notably, the more hours an employee works, the lower the regular rate (and the overtime rate) will go. Consider the following examples:

Individual Liability for Violations of the Minimum Wage and Overtime Laws

June 18, 2012 | Parks, Chesin & Walbert

Business owners are well-advised to organize their businesses using one of the legal forms that provides for limited liability protection. These forms include the Limited Liability Company (“LLC”) , the Limited Liability Partnership (“LLP”), and the Corporation. The advantage of incorporating a business in this manner is that the owners and officers will generally be protected from liability if the business is sued. For example, if a customer slips and falls in the premises of a business set up as a LLC, then, in most cases, the owner will not be responsible for having to pay a judgment out of personal funds.