A recent lawsuit alleges that a local dental practice failed to pay required overtime wages to one of its employees over a period spanning several years. The case raises questions about wage practices in the healthcare sector and highlights the ongoing importance of federal labor standards.
The complaint was filed by Michelle Smith in the United States District Court for the Northern District of Georgia on April 1, 2026, naming Atlanta Periodontal Group as the defendant.
According to court documents, Smith worked as a “financial specialist” at Atlanta Periodontal Group from approximately September 2019 until February 23, 2026. She claims her job duties primarily involved office and clerical work such as checking patients in and out for appointments, presenting treatment plans to patients, collecting payments and posting them to ledgers, and answering phones at the medical practice. Smith asserts that these tasks did not involve exercising discretion or independent judgment on significant matters nor were they directly related to management or general business operations.
Smith’s complaint states that throughout her employment she regularly worked more than 40 hours per week but was not paid the federally mandated overtime wage differential for those additional hours. Instead, she alleges she was paid on a salary basis without receiving extra compensation for overtime work. The filing emphasizes that Atlanta Periodontal Group is an employer subject to the Fair Labor Standards Act (FLSA), with gross revenues exceeding $500,000 per year and engagement in interstate commerce.
The lawsuit claims that “Defendant knew or had reason to know that Plaintiff worked in excess of 40 hours in workweeks without overtime compensation for hours she worked in excess of 40.” It further alleges that Atlanta Periodontal Group failed to keep accurate records of hours worked by Smith and other employees as required by law. According to the document, “By failing to accurately report, record and/or preserve records of hours worked by Plaintiff, Defendant has failed to make, keep and preserve records with respect to its employees…in violation of the FLSA.”
Smith accuses her former employer of willfully violating provisions of the FLSA regarding overtime pay under section 29 U.S.C. §207. She argues these violations were done “willful[ly] and in bad faith,” which entitles her claim to a three-year statute of limitations rather than two years typically applied under less egregious circumstances.
The complaint outlines specific relief sought from the court: unpaid wages pursuant to federal law; liquidated damages equal to those unpaid wages; pre-judgment interest; court costs; expert witness fees; reasonable attorneys’ fees; declaratory judgment stating her rights were violated; and any other remedies allowed under the FLSA or deemed appropriate by the court. Additionally, Smith requests a jury trial on all triable issues.
The legal action is brought under Civil Action No. 1:26-cv-01758-SDG. Smith is represented by attorneys V. Severin Roberts (Georgia Bar No. 940504) and Patrick Reid (Georgia Bar No. 888769) from The Workers’ Firm based in Atlanta.
Source: 126cv1758_Michelle_Smith_v_Atlanta_Peridontal_Complaint_Northern_District_of_Georgia.pdf
