As companies and employers begin preparation for the new Fair Labor Standards Act (FLSA) amendments to take effect, the incidence of wage and hour lawsuits continues to rise. Most often, this occurs when employers fail to pay their employees the overtime compensation they are entitled to. A number of issues may be to blame. These include the misclassification of a worker as exempt, when they are really non-exempt. The error in classification may be intentional – overtime compensation can add up, so unscrupulous employers may try to avoid paying premium wages in order to save money – or it may simply be an oversight. Exemption laws can be confusing, often no bright line test exists directing an employer to designate certain employees as entitled to overtime and others not.
Additionally, sometimes inconsistencies exist between state and federal laws which lead to errors in payment. In order to avoid wage and hour compensation mistakes, employers should maintain consistent classificiation guildelines, and ensure that these guidelines are up-to-date. This is especially true as December 1, the date the amendments become effective, approaches.
If you have questions about your pay, or are concerned that you have been misclassified are not receiving the compesnation you are entitled to, please contact the experienced Atlanta wage and hour lawyers at Buckley Beal, LLP for an immediate consultation.