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 case evaluation.