Anderson v. Southern Care Home Services, Inc.
Annotate this CaseIn 2013, former employees of two in-home personal care companies sued their former employers, asserting that they had not been paid the minimum wage to which they were entitled under the Georgia Minimum Wage Law (GMWL). The employers removed the case to a federal district court, which certified two questions to the Georgia Supreme Court: (1) whether, under Georgia law, an employee that falls under an FLSA [Fair Labor Standards Act] exemption is effectively “covered” by the FLSA for purposes of OCGA 34-4-3 (c) analysis, thereby prohibiting said employee from receiving minimum wage compensation under the GMWL; and (2) whether an individual whose employment consisted of providing in-home personal support services was prohibited from receiving minimum wage compensation under the GMWL pursuant to the “domestic employees” exception in OCGA 34-4-3 (b)(3). After review, the Georgia Supreme Court answered both questions "no."
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