Overtime Lawyer Blog

President Obama’s State of the Union Address included a call for an increase in the Federal minimum wage – placing a renewed emphasis on the critical issue of making ends meet for many working Americans.

Obama has asked Congress to raise the minimum wage to $9 an hour from $7.25/ hour, a move that could potentially affect millions of working Americans. Minimum wage earners - such as cooks, janitors, and aides to the elderly – often struggle to make ends meet. Such an increase could help reduce the widening gap of income inequality.

Obama hopes to have the hourly wages reach $9 by the end of 2015, with an automatic adjustment for inflation.

Currently, the Federal Fair Labor Standards Act (the “FLSA”) mandates that workers be paid minimum wage, and several states have higher minimum wage levels. If you have questions about the minimum wage or any other wage or hour question, please consult with an experienced Atlanta minimum wage law attorney right away.

If successful, the raise in minimum wage would boost the wages of about 15 million low-income workers. Although the $9 minimum wage would be the highest in more than 30 years, taking into account inflation, it is still lower than the levels it reached back in the 1960s and 1970s.

In the State of the Union Address, Obama noted:

“Even with the tax relief we’ve put in place, a family with two kids that earns the minimum wage still lives below the poverty line. That’s wrong...Let’s declare that in the wealthiest nation on earth, no one who works full time should have to live in poverty.”

Citing research that shows “no detectable employment losses from the kind of minimum wage increases we have seen in the United States,” the White House said that the move would have profoundly positive effects for low-income families without unduly burdening businesses or raising the unemployment rate.

Continue reading "President Obama Calls For Minimum Wage Hike" »

News reports that the Department of Labor has begun an investigation into the working conditions at the popular clothing store Forever 21. The United States DOL Wage and Hour division announced that they have filed an action requiring Forever 21 to cooperate with the government’s investigation into the labor practices of the company. The clothing store has been under investigation for the last four years as the result of alleged labor violations.

According to federal law under the Fair Labor Standards Act, workers must be paid minimum wage and those non-exempt workers who put in more than 40 hours in an one work week are entitled to pay at one and one-half times their hourly rate of pay. Documents in this matter accuse Forever 21 manufacturers of operating in “sweatshop-like conditions” and failing to provide documentation regarding workers’ hours, wages and work conditions. According to reports, the Department of Labor has evidence of significant FLSA violations concerning minimum wage, overtime and record keeping requirements.

If you have questions about your place of employment and whether you have received the wages and hours you deserve, it may be a good idea to speak to a knowledgeable Atlanta wage and hour lawyer. A skilled FLSA attorney can review your working situation and provide crucial guidance. Many times, if your employer has violated one worker’s rights, other workers have been affected as well.

The investigation into Forever 21 is part of a greater initiative looking into practices in the garment industry. This initiative has revealed that American clothing manufacturers have deprived workers of some $11 million through violations of the FLSA, a federal law established to protect against these abuses.

News that Forever 21 has been “disheartening” to many young shoppers who flock to the store but have been alerted to their possible unethical labor practices.

Continue reading "Investigation Begins Into Potential Wages And Hour Violations At Forever 21 " »

This year there’s been an ongoing debate in Congress concerning raising the federal minimum wage. The current federal minimum wage is just $7.25/hour with the minimum cash wage for tipped workers $2.13/hour. Further, because these amounts are not adjusted for inflation the amount minimum wage workers take home is becoming increasingly tight. In fact, single parent households making minimum wage with two kids falls thousands of dollars below the poverty line. Making matters worse, in certain situations employers may fail to pay workers the total amount of compensation they are entitled to as the result of errors in employee classification, not paying workers the full amount for time required to be at work, or other violations of the Federal Labor Standards Act (FLSA).

If you have questions concerning your pay and whether you are receiving all of the compensation you are entitled to, seek the advice of an experienced Atlanta minimum wage lawyer right away.

Although any decision on raising the minimum wage will not be made for some time, momentum is gaining in support of an upward adjustment. The Economic Policy Institute (EPI) has just released new minimum wage statistics showing the benefits to entire communities both socially and economically when the minimum wage is raised. Raising the minimum wage to $9.80 over three years (and adjust for inflation after that) and the cash minimum wage for tipped workers to 70 percent of the minimum wage would lift the wages of more than 28 million workers, the majority of whom (55 percent) are women.

Further, the report shows that raising the minimum wage would create an estimated 100,000 new jobs by putting money in the pockets of people who are ready to spend it on goods and services, thus increasing consumer demand. Raising the federal minimum wage would also provide local benefits. In Georgia nearly one million workers may be affected by an increase in minimum wage. This would translate into an improved standard of living for many.

Continue reading "Raising The Minimum Wage Benefits All" »

Raising the minimum wage has taken center stage in Congress and may prove to be a crucial issue this election season. Last week Rep. George Miller (D-Calif.) along with more than 100 House Democrats proposed new minimum wage legislation. The legislation would increase the minimum wage from its current $7.25 to $9.80 over the next three years.

The last federal minimum wage increase was in 2007 and has not kept pace with the demands of workers. Nearly 47 million Americans receive just minimum wage and qualify as the “working poor.” Miller states, “Raising the minimum wage helps families make ends meet.”

Unfortunately, even with the minimum wage set at $7.25 often employers fail to pay workers all of the wages they are entitled to – either intentionally or by mistake. If you believe you have not been paid all the compensation you are entitled to, it’s important to speak to an experienced Atlanta wage and hour lawyer right away. Federal labor law, the Fair Labor Standards Act (FLSA), requires that employers pay all workers at least minimum wage. 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.

The current legislation, H.R. 6211, seeks to increase the minimum wage by 85 cents a year for the next 3 years, with the final wage of $9.80 to be adjusted upwards with inflation. Additionally the wages tipped employees receive –just $2.13/hour will be increased by 85 cents a year until it reaches 70% of the non-tipped minimum wage.

Senator Tom Harkin proposed a companion bill in the senate stating "People who work hard for a living should not have to live in poverty," Harkin said. "I am proud to introduce this bill today, to raise the minimum wage, and to help tens of millions of workers and their families."

Continue reading "Congress Seeks To Raise Minimum Wage" »

An interesting minimum wage lawsuit has just settled that has the potential to affect airport workers, including those at Hartsfield-Jackson Atlanta International Airport. In the minimum wage case, numerous airport skycaps filed a lawsuit against United Airlines alleging that the companies that the airlines contracts around the country failed to pay them the minimum wage they are entitled to.

Under the Fair Labor Standards Act (FLSA), all workers are entitled to receive minimum wage. – currently $7.25/an hour, although some states have a higher minimum wage. Further, where individuals – such as skycaps – make a large portion of their through tips, very specific rules apply regarding the amount of tips an employer may use in figuring out what to pay a worker.

If you have questions concerning your pay or believe that you haven’t received the amount of pay you are entitled to, it’s critical to contact a top Atlanta wage and hour attorney right away to discuss your options.

Here, whether the skycaps were receiving the pay they were entitled to became an issue in 2006 when airlines changed the practice of curbside check in. Instead of being free, United as well as many other airlines began imposing a fee of $2 for every bag checked curbside. The skycaps were then required to turn the $2 fee over to the airlines. However, because many customers weren’t aware of the fee, they didn’t pay it and skycaps were forced to use money that was supposed to be their tip to cover the mandatory fee. The lawsuit alleged that this practice violated the FLSA, which provides that tipped employees must be allowed to keep all of their tips, unless they are part of a valid tip pool. Additionally, as a result of this practice, skycaps earned less that the mandatory minimum wage.

The skycap lawsuit was settled for $250,000 and each of the workers involved in the minimum wage case will receive around $1000.

The skycaps involved in this lawsuit worked at various airports around the country, including Denver International Airport, Dallas/Fort Worth International Airport, Logan International Airport in Boston, Miami International Airport and John F. Kennedy International Airport in New York.

Continue reading "Skycaps Reach Settlement With Airlines In Minimum Wage Lawsuit" »

Recently federal lawmakers have introduced measures in congress to raise the federal minimum wage to $10 and hour from its current $7.25. As expected, detractors raise the same arguments against increasing worker’s minimum hourly pay. However, not only is raising minimum wage an issue of basic fairness, it has also been shown to benefit the economy and society as well.

Currently the Federal Labor Standards Act (FLSA) protects workers and sets forth guidelines ensuring you are paid at least minimum wage. Some states have set this wage higher than the required $7.25. If your employer fails to pay you at least minimum wage, then you may be able to file a wage lawsuit to obtain all the pay you are entitled to. Many times if you haven’t received all the pay you deserve, other workers have not either. A private attorney can begin an investigation, and may be able to file a FLSA suit on your behalf, or a FLSA class action if others have been affected as well. This may put pressure on your employer to change its ways and pay you all that you deserve. If you have questions about the FLSA or minimum wage, it’s a good idea to talk to a Georgia minimum wage attorney right away.

Despite the guarantee of minimum wage, many hard working individuals have found that the current minimum wage is simply not enough money to pay for the necessities of daily life.

A full-time worker earning the minimum wage makes just $15,080 per year, below the poverty line for a family of three. From 1968 to 2010, incomes for the top 1 percent of earners increased by 110 percent, but the inflation-adjusted value of the minimum wage has fallen by 31 percent. If the federal minimum wage had kept pace with the rising cost of living over the past 40 years, it would be $10.52 per hour today.

Further, women are disproportionately harmed by a low minimum wage because women—and especially women of color—are much more likely hold low-wage jobs than men. Women also disproportionately earn the sub-minimum wage for tipped workers such as waitresses and bartenders.

In addition to all the negatives of earning only minimum wage, many benefits would come from raising the wage. By putting more money in the hands of workers, they will in turn spend more in a local economy on necessities such as food, clothing and housing. Likewise, statistics show that a higher minimum wage also reduces turnover – something good for businesses.

Continue reading "Raising The Minimum Wage Would Benefit Workers And The Economy" »

An unfortunate reality of today’s economy is that more and more workers are facing “wage theft.” Wage theft refers to the practice of underpaying or failing to pay workers for their labor.

As stated in a recent wage theft article, “the problem reflects a changing economy in which low-wage work has increased, more companies try to cut labor costs to stay afloat in a sour business climate, and fewer workers belong to unions that might protect them..
Wage theft can be as simple as stealing tips from restaurant servers, illegal deductions from a worker's paycheck or failing to pay overtime or the legal minimum wage. It also can take other forms, such as classifying workers as "independent contractors" to avoid paying unemployment insurance.”

If you believe you have been denied the compensation you deserve, it’s important to speak to a knowledgeable Atlanta wage and hour attorney right away.

The good news is that the Fair Labor Standards Act (FLSA), is one of the oldest labor laws and is designed to protect workers from all forms of “wage theft.” The FLSA applies to nearly all workers in the United States who work for a wage in this country and covers a number of different areas, including minimum wage, overtime and child labor laws.

The minimum wage provision requires that each worker be paid at least the federal minimum wage (although in some states the requirement is higher). Further, the FLSA requires that all “non-exempt” employees be paid overtime for all hours worked in excess of 40 hours in any work week at a rate of one and one-half times their current rate of pay.

Even though this sounds like a simple rule, it has many complex applications and employers may both intentionally and unintentionally avoid paying workers all the pay they are due. Low-income service industries such as fast food, domestic work, agriculture, retail, hotel and tourism, and home health care are often the hardest hit, explains the article. It’s also a big problem in the “warehousing and construction industries, which employ large numbers of recent immigrants and undocumented workers, who are reluctant to complain, fearing scrutiny of their immigration status.”

Continue reading "Wage Theft On The Rise" »

A movement is underway in Congress to raise the federal minimum wage from $7.25 to as much as $10. Under current federal employment law – the Fair Labor Standards Act [FLSA] – employers are required to pay workers at least $7.25 an hour. Several states including New York, New Jersey, Connecticut, Illinois and elsewhere are pushing to raise the minimum wage above the federal level in their own states, arguing that $7.25 an hour is too meager for anyone to live on. Despite some opposition, this proposal is gaining momentum in Congress.

If you believe your employer has failed to pay you the wages you are entitled to, you may be able to file a wage and hour case against them for back wages. If you have any questions about minimum wage or your pay, it is important to contact an experienced Atlanta wage and hour lawyer to discuss your situation and determine your next steps.

Congress last passed a bill to increase minimum wages in 2006, phasing in higher rates over several years. Although some states raise the minimum wage automatically every year as the cost of living increases, federal law does not provide for an automatic increase.

In addition to helping families who get by on minimum wage, benefits of increasing the minimum wage include stimulating local economies by giving individuals more money to spend on necessities like food and clothing, which may in turn spawn new jobs.

Continue reading "Raising The Federal Minimum Wage Could Help Struggling Families And Communities" »

The Fair Labor Standards Act (FLSA) is one of the oldest federal labor laws and provides many protections for workers. Among these are guarantees that workers receive minimum wage and that non-exempt workers receive overtime. Overtime compensation laws require that all employees who are not exempt must be paid 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 workweek.

Although this sounds straightforward, whether a worker is exempt v. non-exempt and entitled to overtime pay is often the subject of wage and hour cases. Exemptions are rules that provide that if you make more than a certain amount of money per week and perform certain types of work, your employer doesn’t have to pay you overtime regardless of how many hours you put in in a week. If you have questions about whether you are entitled to overtime pay, it is important to consult with an experienced Atlanta wage and hour lawyer to provide you crucial advice concerning your take home pay.

A recent overtime pay case has raised the question of whether a Chicago Tribune newspaper reporter is entitled to overtime compensation. According to news reports, the journalist was not paid for hundreds of hours of overtime pay throughout a little over a year. She was required to work between 50-60 hours a week, but only received 5 hours of overtime pay in 2011.

A representative of the journalist stated that reporters are considered exempt when they work as “creative professionals” whose work involves “invention, imagination and talent,” but here the woman covered school board meetings and the job didn’t meet these standards.

Continue reading "Are Journalists Entitled To Overtime Pay?" »

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 " »

The LA times reveals that the California labor commissioner has sued ZipRealty for nearly $18 million in a minimum wage case. At issue, the failure of the company to pay minimum wages and overtime compensation to hundreds of agents throughout the state.

Both federal and state laws set forth certain minimum wage and overtime standards applicable to nearly all U.S. employers. Federal minimum wage law – the Fair Labor Standards Act – requires that workers be paid a minimum $7.25 hour. California’s minimum wage is currently set at $8.00, and worker’s are entitled to be paid at this higher amount.

Even with the higher minimum wage, studies reveal that the 20% of American adults who earn $10.65/hour or less, even at 40 hours a week, this amounts to less than $22,314 the poverty level for a family of four.

ZipRealty is a real estate company that makes sales both statewide and nationally on the Internet, while relying on on-line employees to respond to questions and close on the deals. A stated by the California Labor Commissioner “In times like these, enforcement of the minimum wage is critical to maintaining a floor that allows workers to survive.”

Added the director of the state Department of Industrial Relations, “This case is a symptom of growing problems in the recession-wracked labor market.” Violations of minimum labor standards are now occurring in a wide variety of occupations.”

Continue reading "Minimum Wage Lawsuit Filed Against ZipRealty" »

One of the more common wage errors employers make is failing to pay their employees minimum wage. Sometimes, employers intentionally avoid paying minimum wage. Other times, they make errors and mistakenly fail to pay workers all the wages they are entitled to. Either way, the error may be a violation of state or federal minimum wage law.

Ensuring workers are paid minimum wage is significant and important. Not only should workers be paid what they are entitled to, but paying an adequate wage also helps the local economy. Minimum wage workers spend their money primarily on necessities, which then puts money back into their community.

Failure to pay enough wages is such a common problem that recently even the State of Florida was cited for violating its own constitution for failing to raise the minimum wage from $7.25 to $7.31 an hour. According to the lawsuit, Florida failed to pay the higher wage due to bad accounting. Florida is one of a few states that adjusts its wage based on the cost of living and did not increase the minimum wage this year as it should.

Continue reading "State of Florida Violates Federal Law By Not Raising Minimum Wage" »

Two waiters at a Hard Rock Café in Florida have just filed a tip pooling lawsuit against the company, claiming Hard Rock didn’t pay them minimum wage. They are seeking class-action status for the case based on the number of potential servers affected. The waiters and waitresses assert that the “tip pooling” policy at the restaurant required servers and bartenders to share their tips with kitchen staff, denying them fair wages.

Tipping practices are often confusing and may form the basis of a federal or state lawsuit.

Some common questions about tips include:

Who is a tipped employee?

“Tipped employees” are generally considered those who take home $30 or more in tips each month.

How much does my employer have to pay me in addition my tips?

Employers can pay as low as $2.13 an hour in “direct wages,” but the total wage including tip must meet the minimum wage. If the total amount you make doesn’t equal minimum wage, then your employer has to make up the difference.

Who owns my tips?

You do. Workers must be allowed to take home all of their tips – you can’t be required to share your wages except as a part of a valid “pooling” arrangement.

Continue reading "Waiters File Minimum Wage Lawsuit Against Hard Rock Cafe" »

Two significant studies issued this week conclude benefits exist from paying Americans more. First, a New York study found that “living wage” requirements on businesses that receive government subsidies do not negatively impact job and business creation, debunking notions that “living wage” laws hurt competition and local economies. The study looked at 15 states across the country that had living wage laws tied to subsidies. Research concluded that the cities that had “living wages” tied to subsidies had the same level of business growth as those cities without such laws. Further, the results revealed that these laws do not harm low-wage workers.

Similarly, a new study published in the November issue of the journal The Review of Economics and Statistics concluded that increasing the minimum wage does not lead to the short- or long-term loss of low-paying jobs. As noted by a Harvard University professor, “this is one of the best and most convincing minimum wage papers in recent years.” The study’s authors noted that an entire generation of previous minimum wage studies that found negative effects of jobs were fundamentally flawed.

Increasing the minimum wage has significant benefits such as stimulating the economy by putting more money in the pockets of those most likely to spend it on necessities.

Continue reading "Minimum Wage Laws Help Local Economies " »

At least 50 cities have declared November 18th a “Day Against Wage Theft” as part of a national effort to draw attention to the impact of wage theft on communities throughout the country.

As stated in a recent report by the Research Institute for Social and Economic Policy at Florida International University:

“Wage theft is when workers are paid below the minimum wage, not paid for overtime, forced to work off the clock, have their time cards altered, are misclassified as independent contractors, or are simply not paid a wage for work performed.”

The Fair Labor Standards Act (FLSA), is intended to protect against “wage theft” and is applicable to virtually all employers. The FLSA requires that workers be paid minimum wage and unless exempt, compensated for overtime at a rate of one and one-half times their regular rate of pay. Despite such provisions, many employers violate the FLSA and seek ways to avoid paying employees all the compensation they are entitled to.

Although commonly wage theft affects low-wage and immigrant workers, it can apply to nearly all professions including law, accounting, health care, food services, and social assistance industries.

Continue reading "Nov. 18th A “Day Against Wage Theft” In 50 Cities Across The Country" »

One of the oldest employment laws is the Fair Labor Standards Act (FLSA), a law enacted in the 1930s setting forth several critical employment provisions, including certain minimum wage and overtime standards intended to protect workers. The current minimum wage is $7.25 an hour. Had minimum wage kept pace with inflation, it would be above $10.00 today.

In general, minimum wage has received wide spread support. In fact, just a few years ago the Fair Minimum Wage Act of 2007 show passed Congress with strong bi-partisan support. As National Employment Law Project director Christine Owens states, “(today) Americans overwhelmingly support a minimum wage rate that will help working families make ends meet and provide the boost the economy needs for full–recovery.”

Ensuring workers receive minimum wage is as crucial now as when originally enacted. In addition to helping individuals earn a living and become self-sufficient, it benefits our communities. By increasing the amounts of money families earn, they have more money to spend on local businesses in their communities, which in turn increases the local tax base. Having a federal minimum wage reduces the need for social services, which cost taxpayers money. Minimum wage is also good for businesses. Studies have shown that ensuring a fair minimum wage reduces absenteeism and improves moral among employees, leading to higher productivity.

However, despite legislation such as the FLSA guaranteeing workers a right to minimum wage, studies show that 2.6 million Americans earn less than the federal standard.

If you believe you have been denied all the compensation you are entitled to, either as a result of the failure to pay minimum wage or overtime, you may be able to bring a claim for a violation of the FLSA.

Continue reading "Benefits Of Federal Minimum Wage" »

A Minnesota court recently determined that a pizza delivery driver for “Domino’s Pizza” is similarly situated with nearly 22,000 current and former delivery drivers. As a result, the Domino’s employee may bring his claim on behalf of the nearly nationwide class that Domino’s violated the Fair Labor Standards Act (FLSA) by not paying its drivers the federal minimum wage.

The current federal minimum wage is $6.55 per hour, although in a few states – unfortunately not Georgia – the minimum wage is higher.

In Luiken v. Domino’s Pizza, the court reviewed whether a compensation scheme that was based certain factors such as drivers’ fuel economy, maintenance, operating and other fixed costs but did not reimburse for actual delivery costs ended up paying drivers less than the federal minimum wage. In 2009, the delivery driver filed a suit on behalf of current and former delivery drivers from 2006 to the present for unpaid wages and liquidated damages.

Domino's argued that the drivers’ reimbursement rates varied by region and should not be allowed to proceed as a class. The court disagreed, concluding that all drivers were subject to the same nationwide policy. The court also stated that it was exercising its discretion to provide notice to all potential class members due to the large size and geographic scope affected.

Often a company may follow a policy that on its face seems fair, but in practice violates the FLSA – either by denying its workers minimum wage or all overtime compensation due. In Luiken, the policy in question met federal minimum wage standards on its face, but on closer look, the actual wages earned fell below the minimum wage requirements.

Continue reading "Dominos Pizza Delivery Drivers Similarly Situated Under The FLSADominos Pizza Delivery Drivers Similarly Situated Under The FLSA" »

Many college students look forward to the summer as an opportunity to gain experience in the work place before getting their first “real job.” One way to do this is to be hired as an unpaid intern at a company. Interns agree to forego pay for in exchange for hands-on experience. However, recent reports have detailed employers taking advantage of interns as a source of free labor.

In order to provide guidance regarding this growing problem, the Department of Labor has just issued a fact sheet detailing what constitutes an internship and when it is fair not to pay interns.

To qualify as an unpaid internship the following criteria must be met:

• The training must be similar to that received in an educational environment
• The experience is for the benefit of the intern
• The intern isn’t taking the place of regular employees
• The employer isn’t deriving an immediate benefit from the intern, and may in fact be slightly burdened
• The intern is not entitled to a job at the end of the internship
• The intern understands that he or she is not entitled to compensation

In most situations, internships at “for-profit” private sector jobs are considered “employment” and subject to the Fair Labor Standards Act (FLSA). Hence, if you work at a Georgia company as intern and each of the 6 factors are not present, you may be entitled to minimum wages and overtime. Under the FLSA, Georgia workers are entitled to $6.55/hour and overtime at a rate of one and one-half your regular rate of pay for all hours in excess of 40 hours in any workweek.

Continue reading "Most Georgia Interns Entitled To Minimum Wages and Overtime" »

Summer isn’t yet in full swing, but it is already hot here in Atlanta. One of the great summer jobs is lifeguarding, but it is employment that brings with it potential hazards, especially for people under the age of 18.

Lifeguards who are minors have their own classification under the Youth Employment provisions of the Fair Labor Standards Act.

The Department of Labor defines the duties of a lifeguard as rescuing swimmers in danger of drowning, monitoring activities at a swimming pool to prevent accidents, teaching water safety, and providing assistance to patrons. Lifeguards may also help to maintain order and cleanliness in the pool and pool areas, give swimming instructions, conduct or officiate at swimming meets, and administer first aid. Other ancillary duties may include checking towels in and out, and perhaps working with food.

Here are some highlights of restrictions on minors working in pool areas or water parks:

Continue reading "Minor Lifeguards and the FLSA" »

No matter what, people have to eat. And restaurant employees will always be there to serve them.

There are over 7 million people employed in restaurants in the United States, a large percentage of whom work in fast food establishments. These jobs are often very transient, and the fact is that many fast food workers don’t realize that they have a number of rights under federal employment law.

Most large fast food restaurants are covered under the Fair Labor Standards Act. Any restaurant or fast food business with annual gross sales from one or more establishments that total at least $500,000 are subject to the FLSA.

Continue reading "Fast Food and Restaurant Workers and the FLSA" »

Because we just recently launched the Overtime Lawyer Blog, we didn’t get a chance to update you on an important FLSA development that happened last summer. On July 24, 2008, the minimum wage increased from $5.85 to $6.55 per hour.

If you are in a minimum wage job, make sure to review your paychecks closely to ensure that you are being paid at the new higher rate. And if you are receiving overtime, also make sure to check that your overtime pay is being calculated on the new higher rate. If you have been working since July and your checks were not based on the new higher rate, you are entitled to be made whole for all work weeks in which you didn’t receive the higher minimum wage or the correct amount of overtime pay.

And if you are an employed in the State of Georgia, even though the Georgia minimum wage is lower than the federal minimum wage (it is currently $5.15 per hour), you’re still entitled to the higher federal minimum wage—don’t let an unscrupulous or ill-advised Georgia employer convince you that it only needs to pay you at the lower Georgia rate.

Continue reading "Minimum Wage Update" »