Upper Crust, a gourmet pizza chain, continues to face legal problems as the result
of failing to pay
overtime compensation due its employees. A Department of Labor investigation revealed that more
than 100 employees were entitled to back wages pursuant to the Fair Labor
Standards Act (FLSA).
The same pizza chain recently came under investigation for
The FLSA sets forth certain minimum wage and overtime standards that affect
nearly all employers. Included in the FLSA are minimum wage and overtime
provisions. The overtime law states that all employees who are not exempt
must be paid at a rate of one and one-half times their regular rate of pay.
One of the most important issues in overtime law – and what gets
most employers into trouble – is properly classifying workers and
exempt or not exempt. Exemptions typically apply where you make a certain
amount of money per week and perform a certain type of “white collar”
work. If you are exempt, then your employer isn’t required to pay
overtime, regardless of the number of hours you work. However if you’re
not exempt then you must be paid time and a-half for every hour worked
more than 40. If your employer fails to pay overtime, it may be a violation
of the FLSA. Further – if you complain about not getting paid, your
employer is prohibited from retaliating against you by taking such action
as firing you or giving you worse hours.
Here, the Upper Crust improperly classified non-exempt kitchen employee
as exempt, and paid them “straight time” wage instead of overtime
compensation. Just a few years ago, the same employer also improperly
classified as exempt delivery drivers and other hourly employees such
as cooks, counter help and managers.
If you believe you have been denied overtime or that your employer has
violated the FLSA, it is important to speak to an experienced
Georgia wage and hour attorney. At The Buckley Law Firm, LLC, our
Atlanta employment law attorneys understand the complexities of the FLSA and have helped numerous clients
obtain the back pay and wages they deserve.