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Date: 09-13-2023

Case Style:

Joel Deserto v. Aiyan Diabetes Center, Inc., and Dr. Sivakumar Jayabalan

Case Number: 1:22-CV-096

Judge: J. Randal Hall

Court: United States District Court for the Southern District of Georgia (Richmond County)

Plaintiff's Attorney: Beverly Lucas

Defendant's Attorney: Whitney DuPree and Ian Smith

Description: Augusta, Georgia employment law lawyer represented the Plaintiff who sued Defendants on Fair Labor Standards Act violation theories.

"The Fair Labor Standards Act (FLSA) is a federal law that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments.

The FLSA applies to all employers who have employees working in the United States, regardless of the size of the employer. There are a few exceptions to the FLSA, such as employers who employ only immediate family members and agricultural employers who employ only family members and children under the age of 16.

The FLSA requires employers to pay covered employees:

A minimum wage of not less than $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws, and in cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
Overtime pay at a rate not less than one and one-half times the regular rate of pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods). There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.

The FLSA also requires employers to keep accurate records of hours worked and wages paid to employees. These records must be kept for at least two years.

The FLSA does not apply to all workers. Some workers are exempt from the FLSA's minimum wage and overtime pay requirements. These exemptions include:

Executive, administrative, professional, outside sales, and computer employees who meet certain salary and duties tests.
Certain agricultural workers.
Certain seasonal workers.
Certain employees of small businesses.

Employees who are not exempt from the FLSA's minimum wage and overtime pay requirements are entitled to be paid the minimum wage and overtime pay for all hours worked. If you believe that your employer is not complying with the FLSA, you can file a complaint with the Wage and Hour Division of the U.S. Department of Labor.

The Wage and Hour Division will investigate your complaint and take action if it finds that your employer is violating the FLSA. The Wage and Hour Division may order your employer to pay you back wages and damages, and it may also impose civil penalties on your employer.

If you have questions about the FLSA, you can contact the Wage and Hour Division for more information."

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Outcome: 06/16/2023 34 ORDER granting 33 Second Joint Motion for Settlement and dismissing this matter with prejudice; denying as moot 31 Motion to Compel. The Clerk is directed to close this case. Signed by Chief Judge J. Randal Hall on 6/16/2023. (gmh) (Entered: 06/16/2023)
06/16/2023 35 CLERK'S JUDGMENT pursuant to 34 Order. Signed by Deputy Clerk on 6/16/2023. (gmh) (Entered: 06/16/2023)
07/28/2023 36 First MOTION to Enforce Judgment Enforce settlement agreements by Joel Deserto. Responses due by 8/11/2023. (Attachments: # 1 Text of Proposed Order proposed order, # 2 Briefs memorandum of law, # 3 Exhibit settlement agreement 1, # 4 Exhibit settlement agreement 2, # 5 Affidavit attorney's affidavit)(Lucas, Beverly) (Entered: 07/28/2023)
08/11/2023 37 RESPONSE in Opposition re 36 First MOTION to Enforce Judgment Enforce settlement agreements filed by Aiyan Diabetes Center Inc., Sivakumar Jayabalan. (Smith, Ian) (Entered: 08/11/2023)
08/12/2023 38 REPLY to Response to Motion re 36 First MOTION to Enforce Judgment Enforce settlement agreements filed by Joel Deserto. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex 2)(Lucas, Beverly) (Entered: 08/12/2023)

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