For the seventh year in a row, the number of wage and hour lawsuits filed
by employees against their employers has increased. According to a recently
released report by the federal government, more that 8000 Fair Labor Standards
Act (FLSA) lawsuits have been brought by workers. This number represents
only federal law suits, were state wage and hour lawsuits figured in,
the amount would be significantly higher.
Although no one answer may explain the recent uptick in case filings, a
number of observers note that a combination of employer confusion concerning
workers rights, and a poor economy that may have caused unscrupulous employers
to cut corners and not pay their employees all that they deserve may have
contributed to the lawsuits.
If you have questions about the FLSA or believe that you may not have been
paid all that you deserve, we urge you to contact our knowledgeable Atlanta
wage and hour attorneys right away. The FLSA can be confusing, and as
these statistics reveal, lead to numerous wage and hour violations. As
Georgia FLSA attorneys, we have in-depth knowledge of wage and hour laws and are dedicated to
staying up to date on all developments that may affect workers in order
to ensure your rights are protected.
While the FLSA protects employees in several ways, two main provisions
that affect nearly all workers include the minimum wage and overtime laws.
Pursuant to the FLSA, all workers must receive at least minimum wage and
non-exempt workers are entitled to be paid overtime at a rate of one and
one-half their standard rate of pay for each hour worked in excess of
40 in any one work week. Employers get into trouble when they fail to
pay workers what they deserve – either inadvertently or intentionally.
Two of the greatest areas of error include not paying workers for all
time worked – such as where employees are required to work through
lunches or breaks, or are not compensated for other required work performed
“off the clock.”
Another area where employers often get into trouble is by misclassifying
workers as exempt when they are non-exempt, or categorizing them as independent
contractors when they are employees. By misclassifiying, workers employers
may fail to pay the workers overtime that they are entitled to.
For more information or to determine whether you have been paid appropriately
pursuant to the FLSA, please contact
Atlanta’s top wage and hour attorneys at the Buckley Law Firm, LLC for an immediate, confidential consultation.