Atlanta Employment Attorneys Blog

When Your On-Call Hours Are Compensable (Including Overtime Pay) Under the Fair Labor Standards Act

May 24, 2022 | Parks, Chesin & Walbert

Every winning case begins with several essential ingredients. One of those is a well-written complaint filed in the correct court. If you are someone who believes that your employer has denied you the overtime pay you were legally owed, then you should get in touch with an experienced Atlanta unpaid overtime lawyer, who can take the steps necessary to ensure that you have the well-written complaint and the powerful evidence you need for success.

That’s especially true if your case involves some unique facts. In some job settings, the total number of hours you worked can be fairly black-and-white. Other times it’s not, like when you’re a worker whose job mandated a certain number of “on-call” hours?

That was the circumstance for several employees of a pathology service entity in Gwinnett County. The workers put in an 8am-4pm schedule weekdays in an office in Lawrenceville. In addition, The Atlanta Journal-Constitution reported that they had “on-call” hours, which were “from 4 p.m. to 8 a.m. two or three nights a week and all weekend twice a month,” according to the workers’ lawsuit.

The Importance of Getting a Release Agreement — and Getting the RIGHT One — When Settling Your FLSA Case in Georgia

May 17, 2022 | Parks, Chesin & Walbert

You’ve finally done it. With the help of your skillful Atlanta minimum wage and unpaid overtime lawyer, you’ve successfully negotiated the terms of a settlement that’s agreeable to both sides. The defense gets to stop litigating and you get compensated. So, getting your check and dismissing your case are all that’s left, right?

Actually, no. There is another part of the settlement process upon which the defense will almost inevitably insist (and you should, too.) That’s the “release agreement.” The release agreement is a contract that says that in exchange for the defense making payment and you dismissing your case, there are certain things each side agrees to do and/or not do. This agreement might seem like a mere formality, but it’s actually very important. You need to ensure that the agreement you sign does not contain overly broad or imprecise language that potentially inhibits your ability to seek compensation for other non-FLSA-related transgressions in which your employer may have engaged.

As an example, there’s this Fair Labor Standards Act case from south Georgia. The employer was a property cleanup and restoration business in Brunswick, and the plaintiffs were two of its employees. (The specifics of the alleged violations weren’t relevant to the court’s ruling, so the judge did not discuss them.)

Blackballing and Other Types of Covert Employment Actions, and the Significance They Have in Your Georgia Retaliation Case

May 10, 2022 | Parks, Chesin & Walbert

A situation where an employer terminated or demoted an employee shortly after that employee made a complaint about illegal discrimination or harassment is one possible example of impermissible retaliation. However, what can constitute actionable retaliation goes way beyond that. If your employer took punitive action against you because you spoke up against illegal employment practices, then you should get in touch with a knowledgeable Atlanta employment retaliation case.

As an example of how broadly the law against retaliation stretches, there is this case from neighboring Alabama, in which the 11th Circuit Court of Appeals (whose decisions control federal cases in Georgia, Alabama, and Florida) entered a decision in January.

The worker, J.S., was an administrative assistant working for a local police department in suburban Birmingham. In the summer of 2015, the police chief denied the assistant’s request to take a day off using her compensatory time. As a result, the assistant made a formal written complaint to human resources accusing the chief of sex discrimination. The complaint alleged that the chief treated J.S. differently than the department’s male employees when it came to approving the use of earned compensatory time.

How Your Georgia Employer’s Excessive FMLA Documentation Demands Could Give Rise to a Claim of Interference

April 29, 2022 | Parks, Chesin & Walbert

Employers may engage in a variety of improper actions when it comes to your requesting, using, or returning from leave to which you are entitled under the Family and Medical Leave Act. This misconduct can range from erecting onerous and unnecessary documentation requirements to counting your FMLA leave against for purposes of punitive “occurrence-based” attendance policies, just to name two. If you’ve encountered an employer making things needlessly difficult or otherwise punishing you for seeking or using FMLA leave, that potentially counts as interference, which is against the law. An experienced FMLA interference lawyer can help you assess how best to proceed based on the facts of your situation.

That issue of FMLA interference came up once again in a recent case from the federal courts. The employee, J.P., worked at a paper mill that had an occurrence-based attendance policy.

From December 2017 to August 2018, J.P. took three periods of FMLA leave. That last period ended on August 5. On August 6, J.P. returned to work. The next day, however, an operations manager told him to leave and to return with a “medical release” from his physician. J.P. did as instructed and, as a result, the employer counted his leaving work early on August 7 as a separate and additional occurrence.

What Happens When an Employer Willfully Misclassifies a Worker as an Independent Contractor Instead of an Employee

April 22, 2022 | Parks, Chesin & Walbert

Regrettably, employee misclassifications occur all too frequently. Sometimes, they may be the result of good-faith errors. Other times, though, the employer knew (or should have known) that it was not following the law. When that happens, you can seek a finding in your unpaid overtime case that your employer willfully violated the Fair Labor Standards Act, which can greatly enhance the compensation you can receive. If you think your employer willfully broke the law, you need an experienced Atlanta unpaid overtime lawyer to help you get everything to which the law entitles you.

J.M. was one of those people. She worked for a company that provided “in-home healthcare and companion services.” According to her lawsuit, J.M. frequently worked more than 80 hours a week. However, she received only $1,500 per month for her work. The employer allegedly never paid J.M. any overtime for any of the hours she worked.

The employer did this by classifying J.M. as an independent contractor rather than an employee. J.M.’s lawsuit asserted that her independent contractor status was a misclassification, that the employer knew (or ought to have known) it was a misclassification, and that the employer willfully violated the FLSA.

A Six-Figure Civil Judgment and the Lessons That Can Be Leaned About Psychological Conditions and Disability Discrimination

April 15, 2022 | Parks, Chesin & Walbert

Mental health conditions can be challenging things for those who have them. People may fail to understand your condition, may fail to appreciate the severity of the condition, or otherwise not treat the condition with the care necessary. When those failures have an impact on your job, they may represent disability discrimination in violation of the law. If you’ve endured such a scenario, an experienced Atlanta disability discrimination lawyer may be able to help.

Recently, news sources around the world reported on the case of a Kentucky man who recovered a six-figure civil judgment. Some headlines appeared to say that the man received a $450,000 payday because his employer threw him a birthday party he didn’t want.

The truth, as is often the case, was far more complex. The employee was a man who had an anxiety disorder that intermittently triggered panic attacks. One such trigger was being placed at the center of attention, such as celebrations of his birthday.

Federal Law Prohibits Employers from Retaliating Against You for Pursuing Your Rights Under the FMLA and the FLSA

April 8, 2022 | Parks, Chesin & Walbert

When it comes to things like minimum wage, overtime, and Family and Medical Leave Act (FMLA) leave, there are multiple different ways that your employer can violate the law. First, there’s the violation itself, in which your employer denies you what the statute demands. Additionally, though, many cases involve retaliation, where an employer punishes an employee for asserting (or, in some instances, merely inquiring about) their statutory rights. An experienced Atlanta employment lawyer can help you determine if retaliation occurred in your case and how to pursue relief for that retaliation.

Last month, the U.S. Labor Department’s Wage and Hour Division (WHD) issued a new guidance document focusing on the issue of retaliation. Specifically, the bulletin placed a spotlight on instances of retaliation against workers who assert their rights under the FMLA, the Fair Labor Standards Act (FLSA), and other labor laws.

As the bulletin noted, legal protections against retaliation are necessary to safeguard workers’ rights. A worker forced to choose between being illegally underpaid or having no job at all reasonably might choose the former over the latter. As a result, “it continues to be of paramount importance that WHD fully enforce the anti-retaliation provisions of the laws.”

A Georgia Worker’s Self-Authored Discrimination Complaint Fails Due to Multiple Pleading Mistakes

March 31, 2022 | Parks, Chesin & Walbert

If you believe that you’ve been the target of discrimination at work, the right Atlanta employment discrimination lawyer can help you in innumerable ways. One of the key areas where your attorney will help is the composition of the complaint that you’ll file with the court.

There are certain things you must do and certain things you must not do, and failures in these areas can lead to the dismissal of your case. Getting this right is critical, and many potential traps await those who don’t know what they’re doing.

The discrimination case of an employee at a southwest Georgia college makes for a good example. In any discrimination case, you have to allege that you suffered some type of adverse employment action. There are a lot of different actions your employer can take that the law may recognize as adverse. Obviously, getting fired is an adverse action. So is a demotion, and even a lateral transfer may be adverse if your new job has lower pay or is less desirable or prestigious.

Getting Technical: How an Experienced Atlanta FLSA Attorney Can Help When Your Case Presents Procedural Issues

March 24, 2022 | Parks, Chesin & Walbert

Sometimes, some people can lull themselves into a false sense of confidence when it comes to litigating their unpaid overtime, minimum wage, improper classification, or other Fair Labor Standards Act case. They may tell themselves they don’t need an experienced Atlanta employment lawyer. They might say to themselves “I worked 40 hours each week and I only got paid $200 per week, so how hard can it be to present — and win — my minimum wage case?”

Don’t let yourself fall into this trap. Even cases that seem to have very clear-cut facts in your favor often present thorny issues of law and/or court procedure that require (or at least can benefit from) the deft touch knowledgeable legal representation will provide.

Take, for example, the FLSA case of H.T., a man who worked as a builder/installer for a South Georgia construction company. The construction company allegedly “controlled all aspects” of the builder’s work, including choosing the construction sites where the builder worked and assigning the tasks the builder completed while there. The company also set the builder’s work schedule, provided him with all the necessary materials and equipment, and controlled the amount of payment the builder received, according to H.T.’s lawsuit.

How Long You Have to Take Legal Action in Georgia If You’ve Been Denied Overtime or a Minimum Wage

March 17, 2022 | Parks, Chesin & Walbert

In certain areas of business, sports, or life in general, it is often said that “timing is everything.” If you are someone whose employer has failed to pay you appropriate overtime compensation or pay you in accordance with minimum wage laws, timing isn’t everything but it is undeniably a crucially important thing. Waiting too long can mean a case outcome where you recover nothing, regardless of how strong your proof is. If you’ve illegally underpaid, don’t wait to act. Go out as soon as possible to talk to a knowledgeable Atlanta unpaid overtime or minimum wage lawyer about your situation.

A recent overtime and minimum wage case from a federal court in neighboring Florida is a reminder of how important a thorough understanding of how the statutes of limitations, and the deadlines they impose, are.

In that case, J.R. worked at a motel in Lakeland, Florida, starting in 2010. According to her complaint, the woman averaged roughly 98 per week on the job. In return, the motel owner allegedly paid her anywhere from $0 to $30 per week.