A new lawsuit alleging violations of the
Fair Labor Standards Act (the “FLSA”), including the failure to pay required overtime
compensation has been filed by two Charlotte bankers. The wage and hour
lawsuit alleges that the bankers were required to work overtime hours
in order to meet quotas, but were not paid for their time.
The FLSA covers several different areas including child labor laws, however
two main provisions – its minimum wage guarantees and overtime wage
provisions – affect nearly all employees who work for a wage in
the United States.
Specifically, the overtime wage provision sets forth that all employees
who are not exempt from the FLSA must be paid at a rate of one and one-half
times their regular rate of pay for all hours worked in excess of 40 hours
in any one work week. Although this sounds straightforward, it’s
an employer’s failure to comply with overtime provisions that often
leads to wage litigation.
If you have questions about the FLSA or believe that you may have been
denied all the compensation you are entitled to, it’s a good idea
to speak to an experienced
Atlanta wage and hour attorney. If your employer has violated wage and hour laws, it may be possible
to recover back wages, damages and even your attorneys fees.
Here, a former loan processor asserts that she and her co-workers were
forced to work late to meet mandatory quotas and were not paid for their
time. In a separate case, a Sun Trust Bank financial services representative
also asserted that she was forced to stay late to make mandatory sales
quotas. She claims that she was also required to work one night a week
without overtime pay trying to sell services.
These cases represent a growing trend of wage and hour lawsuits being filed
as the result of wage violations. Often as large companies have downsized
they have demanded more hours from their employees. At the same time,
more employees have fallen into a grey area of who is an “exempt
v. non-exempt” employee. This classification can have an enormous
impact on take home pay since “non-exempt” employees are entitled
to overtime pay. On the other hand, “exempt” employees are
not entitled to overtime compensation, regardless of the number of hours worked.
As a general rule, salaried employees who have wide latitude over how
they conduct their jobs are exempt. Hourly employees and those who primarily
take direction from supervisors are not.
One commentator noted: “[Employers are] squeezing the workers who
are left, and they’re increasingly building into their business
plans that this whole swath of jobs is exempt, even though it may not
While some errors in classification may be due to employer confusion and
inadvertence, other times, unscrupulous employers may intentionally misclassify
workers in an effort to avoid paying high overtime pay rates.
If you have questions about the FLSA, or your classification, or if you
believe you may have been denied the compensation you are entitled to,
please contact the dedicated
Georgia wage and hour attorneys The Buckley Law Firm, LLC for an immediate consultation.