Wage and Hour

Although wage and hour disputes make up one of the fastest-growing segments of employment law, most disputes are avoidable. Wage and hour laws are governed by the federal Fair Labor Standards Act (FLSA) and state laws. Under these laws, employees have the right to receive fair and timely compensation for the work they perform. When an employer fails to provide fair and timely compensation, it violates wage and hour laws, exposing the organization to potential legal action. Wage and Hour Violations

The most frequent types of wage and hour violations involve:

  • Unpaid overtime
  • Unpaid hours
  • Minimum wage
  • Misclassifications

Employers who violate wage and hour laws may be in for a painful awakening. If an employee or group of employees brings a successful claim against your company, you may be required to pay back all of the earnings they should have received. If you willfully underpaid your employees, you might be required to pay a hefty penalty as well. For this reason, it is imperative that you consult a lawyer when defending your case.

Employee Classification

Because the way an employee is classified has a significant impact on the compensation and benefits they are entitled to, it is important to understand the law. Failure to comply with applicable labor laws can result in significant costs and penalties.

Some employees are classified as exempt from overtime. Whether an employee can be considered exempt depends on their pay rate and job functions. The FLSA offers exempt status to the following types of employees:

  • Independent Contractors
  • Salaried Employees
  • Administrative Employees
  • Executive Employees
  • Professional Employees

It is important to note that an employee's job title is not necessarily relevant in determining whether an employee is exempt; the employee's job functions must be considered in their entirety. The FLSA has created a number of guidelines to help employers determine whether their employees are exempt. If you have questions related to employee classification, contact an Atlanta employment attorney.

Why Do I Need an Employment Lawyer?

The laws set forth by the FLSA are exceedingly complex. To determine whether a violation took place, it is critical to examine the employee's regular pay rate, job functions and work schedule. Even considering these factors, the FLSA designates specific exemptions for many laws. Each situation must be evaluated on a case-by-case basis.

The attorneys at Mays & Kerr help clients navigate the complexities of employment law. We thoroughly investigate each case and develop a comprehensive legal strategy to defend clients from liability. Our depth of experience and creative approach has helped us develop a track record of success.

Let Our Lawyers Resolve Your Wage and Hour Dispute

If you are involved in a wage and hour dispute, the attorneys at Mays & Kerr can assist. We have helped numerous business clients avoid liability under the FLSA. Because each case is unique, we do not rely on a one-size-fits-all approach. We investigate each case and customize our legal strategy accordingly. This approach has helped us consistently attain successful legal outcomes for our clients. Contact Mays & Kerr today to consult on your case.