News reports that a record high number of wage and hour lawsuits have been
filed thus far in 2013. According to a recent survey, the tally of new
Fair Labor Standards Act (FLSA) cases has risen above 7,700, a new record.
The FLSA is an employee friendly law that provides workers protection in
many different areas, including child labor laws, minimum wage guarantees
and overtime compensation provisions. When an employer violates ones of
these provisions, or retaliates against an employee for complaining about
a violation, it may be possible for a worker to bring a FLSA lawsuit against
an employer to recover back wages and other damages. If you have questions
or think that your employer may have violated the FLSA it’s a good
idea to consult with a topGeorgia overtime attorney right away.
Statistics show that the number of FLSA lawsuits filed in 2013 total 7764,
up 10% from 2012. Many of these lawsuits are based on alleged violations
of overtime laws. The FLSA provides that all non-exempt workers must be
paid at a rate of one and one-half their standard rate of pay for each
hour worked in excess of 40 hours in any one work week. While this sounds
like a straightforward rule, employers routinely have difficulties determining
who is exempt v. non-exempt and calculating the correct number of hours
an employee works. In fact, misclassification of employees is a significant
problem. For many workers, overtime pay provides a significant part of
a their weekly or monthly wages – often the difference between making
ends meet or not. If an employer mistakenly classifies that worker as
“exempt,” then he or she may not receive critical overtime income.
While many hourly employees are non-exempt, you may be exempt if you make
more than a certain amount of money per week, and if you perform a certain
type of “white collar” work. If you are exempt, your employer
doesn’t have to pay you time and a half no matter how many hours
you work in a week. If you have questions about whether you are exempt
or not, it’s a good idea to consult with an experienced Atlanta
wage and hour attorney.
Another area where employers make mistakes is by failing to accurately
calculate the amount of time you have worked and as a result, not paying
you all the wages you deserve. This may occur any number of ways, but
often happens where workers are required to work through lunches, skip
breaks or have to spend significant amounts of time putting on safety
clothes and/or equipment but fail to be compensated for that time.
Remember – if you are not exempt, your employer must pay you for
all of the time you work.
While FLSA lawsuits may arise whenever your employer violates one of this
federal labor law’s provisions – misclassifications and the
failure to pay a worker for all the time put in make up two of the largest
For more information or if you believe that your employer may have violated
your rights under the FLSA, please contact the top
Georgia FLSA attorneys The Buckley Law Firm, LLC for an immediate consultation.