FLSA
Where do employers make the most wage and hour mistakes?
Federal law, the Fair Labor Standards Act (FLSA), along with numerous state and local regulations, provide wage and hour regulations employers must follow. However, the laws are constantly updating and evolving, resulting in some fairly common wage and hour mistakes. One of the leading areas where employers make errors is failing to pay employees the requisite…
Read MoreProposed changes to tip rules may deprive workers of significant earnings
The Department of Labor (“DOL”) has announced that it plans to change some of the parameters concerning tipped employees, including the use of tip pools. The new policy would allow employers to pool tips as long as the employees earn minimum wage. Thus far, no announcements have been made concerning how the tips will be…
Read MoreFLSA Opinion Letters Re-Issued
Late last week, the Department of Labor has reinstated nearly 20 “opinion letters” that had been published during the Bush Administration, but not been followed during the Obama years. These opinions serve as guidance to employers on how the DOL will enforce certain aspects of federal labor law, the Fair Labor Standards Act (FLSA). The…
Read MoreFLSA Violations More Frequent in Certain Industries
A recent survey found that nearly all investigated garment factories in the United States committed wage and hour violations. A staggering 94% of all factories reviewed were found in violation of the Fair Labor Standards Act (FLSA). The FLSA provides that all workers be paid at least the federal minimum wage ($7.25/hour) and that non-exempt…
Read MoreWhat labor laws apply if you’re a seasonal employee?
With the holiday season nearly upon us, many retailers and other businesses are gearing up for the rush by hiring seasonal employees. Many times, these are temporary positions, and employers/employees may not be aware of the various wage and hour claims that may arise. For example, it’s important to ensure your classification is correct, whether…
Read MoreAgricultural Workers May be Entitled To Overtime Pay
In a recent wage and hour dispute, the Northern District of Georgia awarded current and former farmworkers nearly $1.5 million in back wages and damages. The Fair Labor Standards Act (FLSA) complaint asserted that a Glennville onion grower, packer, and shipper violated federal wage law. The FLSA provides that all non-exempt workers be paid at least…
Read MoreFederal Court approves class certification for delivery drivers
A South Carolina federal judge just approved class certification for a group of pizza delivery drivers who asserted that their employer, Papa John’s, violated the Fair Labor Standards Act (FLSA). The complaint alleges that several franchises violated their rights by systematically failing to adequately pay for driving costs. The violations stem from the rate at…
Read MoreA Brief Overview of Georgia’s Overtime Laws
In 1938, Congress passed the Fair Labor Standards Act, which would go on to become the foundation for the relationship between employers and employees that we still adhere to today. Perhaps the most well-known provision of this law pertains to work hours and how they could make an employee eligible to receive overtime pay. While…
Read MoreDOL signals it may seek to increase the FLSA’s salary threshold
After implementation of the new Fair Labor Standards Act (FLSA) regulations were put on hold last year, many employers and employees were left wondering whether the changes would ultimately take effect. The changes would have increased the salary threshold to be considered exempt from $23,660 to $47,476, thereby allowing potentially millions more workers to qualify…
Read MoreAre employers required to share tips?
Recently, the 10th Circuit Court of Appeals determined that employers are not required to share tips with employees as long as those employees are paid at least minimum wage. In that case, a woman worked as a caterer, earning $12/hour straight time and $18/hour overtime. At the end of her shift, she received tips from…
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