Improper Calculation of Regular Rate of Pay For Overtime May Violate FLSA
Pursuant to the Fair Labor Standards Act (FLSA) non-exempt workers are entitled to be paid overtime compensation at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in any one work week. Employers can get into trouble and may violate the FLSA if they fail to…
Read MoreAre Automobile Dealer Employees Covered under the FLSA?
With the current state of the automobile industry and the economy in general, many people working for car dealerships in the relatively well-off parts of the Atlanta area are concerned about the security of their positions or coping with the loss of their jobs. Car dealerships offer a wide range of jobs, from sales associates…
Read MoreName Calling, Obscene Gestures May Constitute Sexual Harassment
A jury has awarded a woman over $13 million in back pay and damages in a sexual harassment lawsuit. Sexual harassment, although widely recognized, lacks a clear definition. It is not simply a single instance of name-calling, a request for a date, or a leering look. To establish a case of sexual harassment, one must…
Read MoreMisclassification Often Leads to Violations of FLSA
A new wage and hour lawsuit has been filed against the cosmetics company Sephora – alleging several violations of the Fair Labor Standards Act (FLSA). The FLSA provides many protections to workers – including the provisions that workers are entitled to earn at least minimum wage and that non-exempt employees are entitled to earn overtime…
Read MoreEmployment Discrimination Against Interns Unlawful
With summer rapidly approaching, many companies are preparing to hire interns. These interns often take on unpaid positions, but it’s important to understand the specific rules regarding whether interns must be paid. The Department of Labor has defined an intern (without requiring pay) as an individual who works to supplement their educational training, is not…
Read MorePregnancy discrimination case filed against Grocery Store
Legal news reports a California woman filing a pregnancy discrimination lawsuit against a large retail chain. The lawsuit stems from her employer’s reaction upon learning about her pregnancy. When the woman was approximately five months pregnant, she provided a note from her physician stating that she should not lift more than 10 pounds. Within an…
Read MoreHave You Been A Victim of Wage Theft?
The Fair Labor Standards Act (FLSA) provides employees several protections, however many workers still endure violations of wage and hour laws – “wage theft” – and may be entitled to recover compensation including back pay and damages. Some of the most frequent mistakes businesses make, which then deprive workers of the pay they are entitled…
Read MoreGeorgia Non-Compete Law: The Importance of Making the Restrictive Covenant Independent of the Employment Agreement
In this blog post, we will discuss why it is so important to make the restrictive covenant independent of your employment agreements. Many former employees often are able to void their entire employment agreement by arguing that the former employer breached an obligation under the agreement such as paying a bonus or salary. When the…
Read MoreGeorgia Non-Compete Law: Application of the New Law in a Recent Case
In continuing the blog series on the new Georgia non-compete law, we will now discuss the application in our firm’s recent case that involved a license agreement whereby independent contractors were hired to coach small children at the children’s schools. Specifically at issue was whether the agreements signed by the instructors prevented them from working…
Read MoreUnderstaffing And Overworking Employees May Violate Wage and Hour Laws
Recently, the Pennsylvania Supreme Court upheld a $185 million judgment against a national retailer based on wage and hour violations. The case highlights the extreme tactics some employers use to try to maximize profits, which in this instance ultimately backfired. The retailer attempted to both understaff and overwork its employees. Actions included not allowing workers…
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