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Atlanta Overtime Lawyers Blog

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The Fair Labor Standards Act: What is it and Why does it Matter to You?

The Fair Labor Standards Act (FLSA) regulates the labor practices of both private and federal employers in the United States. It was enacted to ensure that U.S. employers kept a fair and safe work environment for employees. Included in this act are the bare minimum requirements for how employers must…

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Are You An Independent Contractor Or Employee? (hint: the DOL says most workers are employees – not independent contractors)

The Fair Labor Standards Act (FLSA) is the law that governs the pay of employees in the United States.  It requires that companies pay its employees at least minimum wage and at least time and a half for all hours over 40 in a given workweek.  In order to get…

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What Employees Are Covered By Administrative Overtime Exemption Of The FLSA?

The general rule under the Fair Labor Standards Act (FLSA) for overtime is: All Employees Are Entitled To Overtime.  Under 29 U.S.C. § 207(a)(2), employers must pay employees at least one and one-half times their regular pay rate for all hours over 40 in a workweek.  There are, however, three…

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Department of Labor Finds College Town Restaurants In Violation Of Overtime And Minimum Wage Laws

On March 3, 2016, the Department of Labor (DOL) issued a press release regarding its enforcement initiative in the hospitality/restaurant industry in “college towns” stating that many companies are in violation of the Fair Labor Standards Act (FLSA) wage and hour laws.  The DOL has collected almost $100,000 for workers…

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Investigators at the U.S. Department of Labor Allege Chemical Contract Packager Violated Overtime and Minimum Wage Rules of the Fair Labor Standards Act

On February 09, 2016, the U.S. Department of Labor (DOL) filed a federal lawsuit in the U.S. District Court for the Northern District of Georgia, against Apollo Industries and individually against the plant supervisor alleging that they failed to pay employees at least minimum wage ($7.25 per hour) and legally…

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Can An Employer Deduct/Dock Pay From A Salaried Employee?

What happens when a company classifies its employees as salaried, exempt from overtime but then deducts or docks from the employees’ pay for things like sickness, disability, or personal leave?  Can this deduction change an exempt employee to a non-exempt employee?  The short answer is “yes.”  The rule of thumb…

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Macy’s Department Store Cleaners Granted Class Certification In Failure To Pay Case

Like many companies, Macy’s Department Stores use outside cleaning companies to clean the stores after hours. In Minnesota, a federal court granted the cleaning crew members’ request for class certification against one of these outside cleaning companies so that other crew members could join the failure to pay and overtime…

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Healthcare Workers who Work Through Lunch Settle Claim for Lost Wages

There have been a number of cases and settlements throughout the country over the last few years involving healthcare workers who are required to work through lunch breaks but whose employer automatically deducts time for lunch each day. Pursuant to the Fair Labor Standards Act, in order to deduct time…

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Automatic Meal Deduction Policies Under the Fair Labor Standards

Nowadays, many employers use an automatic 30-minute meal period deduction in its time keeping program that automatically deducts 30 minutes of time per shift. Sometimes, employees do not even realize that their employer is deducting 30 minutes from their time cards each day. However, what happens when an employee continues…

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Department Of Labor Finds Restaurant Failed To Properly Pay Servers & Kitchen Workers

The Tampa District Office of the Department of Labor Wage & Hour Division found that the restaurant, Hibachi Buffet, failed to properly pay its servers and kitchen workers under the Fair Labor Standards Act (“FLSA”). The investigators found that the restaurant violated the overtime, minimum wage, and record keeping requirements…

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