Overtime Lawyer Blog

The Fair Labor Standards Act (FLSA) is one of the oldest federal employment laws. The FLSA sets forth certain requirements that impact nearly every employee who works for a wage in the United States. These requirements include the minimum wage provision and overtime pay. Pursuant to federal law, employees must be paid at least the federal minimum wage, which is $7.25/hour and all non-exempt employees must be paid time and a half for every hour worked in excess of 40 in any work week.

In addition to provisions concerning overtime pay and minimum wage, the FLSA also covers child labor laws. Recently the Department of Labor has proposed new federal laws seeking to amend current child labor laws to make them stricter and afford child workers performing agricultural work more protections.

If you have questions concerning the FLSA, it is important to speak with a knowledgeable Georgia worker’s rights attorney to answer your questions and ensure you are being treated properly under the law.

Among the changes include:

• Prohibiting children under 18 from working at grain elevators, silos, feedlots and livestock auctions and from transporting raw farm materials.

• Prohibiting children under age 16 who are being paid from operating most power–driven equipment, including combines and tractors. Where student-learners are allowed to operate the equipment, ensuring that the machinery has seat belts and rollover protection.

• Prohibiting those children 15 and younger from much work involving tobacco, including cultivating, curing and harvesting to prevent tobacco sickness; and

• Banning cellphone use and other electronic devices while operating power-equipment.

However, children aged 12-15 would still be able to work for pay at non-hazardous farm jobs.

Continue reading " New Child Labor Laws Proposed " »

A minimum wage violation lawsuit brought on behalf of 5,500 employees against Applebee’s restaurant will proceed to trial. Pursuant to the Fair Labor Standards Act (FLSA) lawsuit, Applebee’s employees are seeking back wages for thousands of employees who were paid less than minimum wage.

The FLSA impacts nearly every employee who works for a wage in the United States and provides that workers must be paid minimum wage (the federal minimum wage provision is $7.25/hour, in some states it is higher) and all non-exempt employees must be paid overtime at a rate of one and one-half times their regular rate of pay for all hours worked in excess of 40 hours in any work week.

If you have questions concerning your pay or believe that you have not received the minimum wage or overtime pay you are entitled to, it is important to speak to an experienced Atlanta wage and hour attorney who can review your situation and provide critical advice.

Many times issues arise when a business that employs many “tipped employees” erroneously pays other workers who only perform a portion of their work as “tipped” at the lower rate. In the Applebee’s situation, non-waiter workers claim that they were paid $2.13/hour, rather than the $7.50 they were entitled to. The non-waiter workers spent more than 20% of their time engaged in activities other than serving customers that were “non-tipped,” such as washing dishes and cleaning the restaurant. Generally, when a worker spends more than 20% of their time doing non-tipped work, they are entitled to receive standard minimum wage.

Continue reading " Minimum Wage Violation Lawsuit Against Applebee’s Proceeds To Trial " »

In 2011 nearly 7 out of 10 employment lawsuits arose out of a wage and hour dispute, making overtime and wage issues one of the fastest growing areas of employment law.

A key dispute in wage and hour claims deals with a worker’s classification – whether an individual is considered an independent contractor and if an employee if he or she is exempt v. non-exempt.

In most cases, if an individual is an independent contractor, he or she is not entitled to overtime compensation. Under Federal labor law, the Fair Labor Standards Act (FLSA) – all workers are entitled to minimum wage and all non-exempt employees are entitled to overtime at a rate of one and one-half their hourly rate for every hour worked over 40 in a workweek. As a result, employers may avoid paying overtime to those workers designated as “independent contractors” or “exempt.” Unfortunately, whether intentionally or inadvertently, workers may be unfairly denied all the compensation they are entitled to as the result of a misclassification.

If you have questions concerning your classification, and whether you should be receiving more pay, including overtime wages, it is important to speak with an experienced Georgia wage and hour attorney. Questions concerning classification may be complex, and a knowledgeable overtime attorney can help provide you guidance concerning your next steps.

Continue reading " Number Of Wage And Hour Claims Increasing " »

The federal minimum wage and overtime law – the Federal Labor Standards Act (FLSA) – protects all employees regardless of their immigration status. This means that all workers are entitled to minimum wage and non-exempt employees must receive overtime compensation for hours worked in excess of 40 in any workweek. A recent case determined that asking to see workers’ social security numbers and tax returns after being sued for unpaid overtime and minimum wage violations was out of bounds.

If you believe you have not been paid the wages you are entitled to, because you are not receiving minimum wage, overtime pay or have suffered any other wage violation, it is important to consult with a knowledgeable Atlanta overtime pay attorney who can advise you of your rights and fight to ensure you receive all the pay you are due.

In Uto et al. v. Job Site Services, Inc. et al, former employees sued their former employer – Job Site Services, Inc., along with the owner of the company for failing to pay minimum wage and required overtime. In response, the company requested to see copies of the employees’ tax returns and their SSNs. A federal trial court determined that this request was improper because it created the danger of intimidating workers and might make workers scared of pursuing their rights and obtaining the pay they are entitled to. Checking on social security numbers and tax returns is irrelevant – all workers are entitled to minimum wage and overtime pay where they are non-exempt.

Continue reading " Federal Court Determines Workers’ Social Security Numbers Are Not Relevant When Filing Wage Violation Lawsuit " »