Overtime Lawyer Blog

In a recent lawsuit out of New Mexico, 4 security guards, all classified as executives exempt from coverage under the Fair Labor Standards Act (FLSA) sued, challenging their classification. The security guards hade a mix of managerial and nonmanagerial duties. Whether you are exempt v. non-exempt can be difficult. If you’re considered “non-exempt” you may be entitled to overtime pay, which can significantly impact your take home wages.

If you have questions about your classification, or think you may be improperly classified and not received the wages you are entitled to, it’s important to speak to an experienced Atlanta wage and hour attorney.

In Maestas et al. v. Day & Zimmerman and SOC, the security guards challenged their classification status. The guards were ranked in a hierarchical, military-style structure, with supervisors carrying such ranks as major, captain, and lieutenant. Only the lowest-level guards were considered non-exempt, while the other positions were all classified as exempt.

On appeal the court determined that while the supervisors should be considered exempt, how the others should be classified is a “factual determination” that should be decided by a jury. For example, duties of the lieutenant included ensuring daily that all posts are staffed properly and filling in if one is empty. The lieutenant was also responsible for visually inspecting and assessing subordinate officers as well as responding to any alarm. Whether these are managerial are not is a factual determination and one best left to the jury.

The court noted, "Because the primary duty determination is a factual one, summary judgment is appropriate only if all reasonable fact finders would conclude that the managerial portions of plaintiffs' jobs are their 'primary duties.'" Here, where many of the guards were not engaged in managerial type positions, it was possible that a jury could find they were misclassified.

Continue reading " Whether You’re Exempt or Nonexempt Can Significantly Affect Your Take Home Pay " »

Despite recent efforts to clarify just when it’s acceptable to hire an unpaid intern, many workers – including large numbers of college students – report mistreatment and confusion surrounding the rules. In fact, news has reported on several high profile lawsuits concerning internships at Harper’s Bazaar and Fox Searchlight.

Remember – if you’re working at an unpaid internship it should be for your benefit and training and not the employers. In fact, many times internships may be to the detriment of the employer.

Before you accept an unpaid internship, it’s a good idea to talk with an experienced Georgia wage and hour attorney to ensure that you’re not being cheated out of the training and guidance you deserve.

So what are the rules surrounding workers rights and internships? The main rules come from the Fair Labor Standards Act (FLSA). The FLSA provides guidelines concerning what distinguishes an intern from an employee and entitled to pay.

These guidelines include:

• The employer must derive no immediate advantage from the activities of the intern;
• The internship must be for the benefit of the intern;
• An internship should not include tasks that would otherwise be assigned to paid employees; and
• An intern isn’t necessarily entitled to a job at the end of the internship.

Continue reading " When Must I Be Paid As An Intern? " »

Companies that retaliate against workers for complaining about pay practices may be violating the Fair Labor Standards Act. Retaliation includes such actions as firing, failing to promote, transferring to a worse location or one of many other negative employment actions.

The Department of Labor has issued a new FLSA retaliation fact sheet concerning illegal retaliation against employees. The fact sheet provides general information relating to the FLSA’s prohibition against retaliation against people who have filed a complaint or cooperated in an investigation.

The prohibited actions apply whether you are an exempt or a non-exempt employee.

The specific provision provides "it is a violation to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee."

Further, based on Supreme Court law complaints don’t have to be written to be the basis of a retaliation action. As long as the complaint is sufficiently clear and detailed – even if it’s verbal – your rights may be protected.

Continue reading " What Is Illegal Retaliation Under The Fair Labor Standards Act? " »

In a victory for thousands of employees, the Wal-Mart back wages case has been resolved, with Wal-Mart agreeing to pay $4.83 million in back wages and damages to employee based on violations of the federal Fair Labor Standards Act (FLSA) overtime provisions.

The FLSA requires that all non-exempt employees be paid overtime for time worked in excess of 40 hours in any workweek at the rate of 1 and ½ times your regular rate pay. If you have questions about overtime pay, or think you haven't been paid what you deserve, it's important to speak with a knowledgeable Atlanta overtime pay lawyer right away.

Determining whether an employee is exempt or non-exempt is a critical.

Exemptions are rules that state that if you make more than a certain amount of money per week, and if you perform a certain type of “white collar” work, then you are exempt from the overtime laws, and your employer need not pay you time and a half no matter how many hours you work in a week.

There are three principal exemptions under the FLSA:
• Executive
• Administrative
• Professional

Employees who are non -exempt are entitled to overtime pay, which can make a big difference in your take home pay.

Here, the U.S. Department of Labor (DOL) has determined that Wal-Mart violated the FLSA by misclassifying the employees as exempt and denying the workers the overtime they were entitled to.

Continue reading " Wal-Mart Pays $4.83 Million In Back Wages For Overtime Violations " »