Frito-Lay Settles Overtime Pay Case

November 24, 2013

Frito-Lay has just agreed to pay a $1.6 million to settle and wage and hour lawsuit filed on behalf of current and former employees. The employees involved in the Fair Labor Standards Act (FLSA) lawsuit were in charge of delivering Frito-Lay products to store and arranging in-store displays.

The employees alleged that the company failed to pay them for all their time worked, including overtime. The workers also claimed that they were not compensated for time spent working through meal periods and lunch breaks. Pursuant to the FLSA, non-exempt employees are entitled to overtime pay at a rate of one and one-half times their regular rate of pay for all hours worked in excess of forty in any one work week. If you have questions about the FLSA or and other wage and hour concern, it's important to consult with a knowledgeable Atlanta overtime pay attorney right away.

Even though FLSA provisions sound straightforward, they are far from simple. In fact, the overtime laws are incredibly complex, and employers often inadvertently - or purposefully - fail to pay all the overtime to employees that they should. As a result, unpaid overtime is one of the most frequent sources of employee complaints, and overtime class action cases are probably the fastest growing type of employment litigation in our federal court system.

If you believe that you have been denied overtime or that your employer has committed some other violation of the wage and hour laws, you don’t have to file an EEOC claim as you would in a typical discrimination case. Instead, you can hire a private attorney and file suit as soon as you discover the violation. If other people at your company have also been denied overtime, you may be able to file a special type of FLSA class action, known as a collective action, which will help you bring the maximum pressure to bear on your employer to change its ways and to pay you all the compensation you are owed.

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When Should You Get Paid For Putting On And Taking Off Work Attire?

November 17, 2013

In the ongoing discussion of when employers must pay you for time spent putting on and off protective work clothing, the U.S. Supreme Court recently evaluated under what circumstances employers are required to treat as compensable the time employees spend putting on and taking off protective clothing. The focus of the case is what constitutes “clothing.”

The Fair Labor Standards Acts (FLSA) requires that employees be paid for all time spent working. As a result, courts around the country have been weighing in on whether employees must be compensated for the time dedicated to putting on protective gear and taking it off.

Under the Fair Labor Standards Act generally the time changing into and out of clothing is not compensable, while time putting on and taking off “protective gear” is. If you have any wage and hour questions, or wonder if you have been paid all the compensation you deserve, it’s a good idea to consult with a top Atlanta wage and hour attorney right away.

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Employers May Be Held Personally Liable For Overtime Wage And Pay Violations

November 10, 2013

The federal government wants to make sure you get paid what you deserve and that your employer is not taking advantage of you. In fact – the federal government is so employee friendly that in certain situations it will find public officials individually responsible for violations of the Fair Labor Standards Act (FLSA).

The FLSA provides that all workers must be paid minimum wage and that “non-exempt” employees are entitled to overtime pay 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 one work week. However, FLSA violations are rampant and many times employers fail to pay workers the amount they are entitled to. If you have questions about your pay or believe that you may not have received all the compensation you deserve, it’s a good idea to consult with an experienced Atlanta wage and hour attorney right away.

A recent case determined that a CEO of a private company could be held personally liable for FLSA violations. Another recent case found that public officials could also be found individually liable.

In the situation involving the private company - Irizarry v. Catsimatidis – employees sued the chairman and CEO of Gristede’s Foods, Inc., John Catsimatidis personally to enforce payment of an overtime pay settlement. The 2d Circuit Court confirmed the District Court’s finding that that Catsimatidis was an employer under the FLSA and as a result, was personally responsible to the employees. The court based its decision on the fact that Catsimatidis was active involved in running the company. This included his having personal contact with the employees, stores, vendors, and customers. Also, Catsimatidis signed paychecks and supervised certain managerial personnel. This level of involvement created a employer/employee relationship and as a result, he was liable for paying damages after the business defaulted on its payments.

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