Business Law Blog | Atlanta Business Litigation Lawyer

Exemptions need not be "narrowly" construed

A recent Supreme Court decision concerning how workers are classified (whether as exempt or non-exempt) may potentially have widespread impact on this issue. In the matter, a car dealership classified workers as exempt. If a worker is considered ...

Jury awards $17 million in national origin discrimination case

A federal jury has just awarded a man almost $17 million in a national origin discrimination case. According to court documents, the man was repeatedly criticized and berated because his Arab background and his accent. The man is highly educated ...

Federal Whistleblower Center Supports Legislation Supporting Employees who Report Harassment

The National Whistleblower Council has just signed a letter in support of H.R. 4924 which seeks to provide greater workplace protections to congressional staff who complain of workplace harassment. The Council is also urging the development of ...

Spending Bill Provides Protections to Tipped Workers

Congress has just passed its new proposed spending bill, which includes a welcome provision protecting restaurant workers ability to keep the tips they earn. The bill sets forth that owners and managers may not retain the tips earned by tipped ...

Sex Discrimination Laws Protect Transgender Workers, Federal Court Rules

Two recent cases have bolstered support for the conclusion that Title VII prohibitions against sex discrimination extend to and include sexual orientation discrimination. In the first, the Sixth Circuit Court of Appeals determined that a funeral home ...

Pay considerations for employees who want to work remotely

With more and more companies providing ways from employees to work remotely, what happens when an employee who typically performs in-office work, calls in sick and requests to work from home? What are the FLSA implications? The answer depends, ...

How Does Daylight Savings Time Affect My Pay?

This weekend marks the beginning of daylight savings time. On Sunday, March 11 at 2 a.m., time will “spring ahead” one hour for most states across the country. Late shift workers and other over-night employees may wonder about the impact ...

Federal Court Determines Title VII Prohibits Transgender Discrimination

In a recent landmark case, the 6th Circuit Court of Appeals determined that Title VII of the Civil Rights Act of 1964 prohibits transgender workplace discrimination. The court also determined that employers may not use the Religious Freedom Act as an ...

Federal Appeals Court Determines Title VII Protections Against Sex Discrimination Include Sexual Orientation Discrimination

On Monday, a second federal court of appeals determined that sex discrimination prohibited by Title VII of the Civil Rights of 1964 extends to and includes sexual orientation discrimination. The New York federal appeal court determined that ...

Whistleblower Lawsuit Filed Against HUD Secretary

A federal official has just filed a whistleblower complaint alleging that she was demoted for refusing to go over budget and pay more than was allowed to decorate Housing and Urban Development Secretary Ben Carson’s office. According to the ...

The Importance of Cracking Down on Minimum Wage Violations

A recent investigation by Politico determined that as legislative fights continue concerning raising the minimum wage, enforcement of current minimum wage laws can be a challenge. The national minimum wage remains at $7.25/hour, with several cities ...

As Hiring Practices Change, Employers Must Use Care Not to Discriminate

As the workplace evolves, both in how employers seek new hires, and the day-to-day performance of tasks, it is important that employees’ basic rights are respected and are not inadvertently violated with the changing times. For example, when ...

Whistleblower lawsuit alleges CMO was terminated for reporting fraud

The chief medical officer of a large medical center in the southeast has just sued the hospital in a whistleblower lawsuit asserting that he fired after he testified about the hospital’s alleged improper admissions practices, patient safety ...

Where do employers make the most wage and hour mistakes?

Federal law, the Fair Labor Standards Act (FLSA), along with numerous state and local regulations, provide wage and hour regulations employers must follow. However, the laws are constantly updating and evolving, resulting in some fairly common wage ...

Reverse Race Discrimination Lawsuit Alleges NBC Wrongfully Terminated Band Members

A new lawsuit by two NBC workers asserts “reverse” racial discrimination. The employment law case asserts that two white workers were wrongfully dismissed on the basis of their race. Allegedly, the men were fired due to “misplaced ...

Proposed changes to tip rules may deprive workers of significant earnings

The Department of Labor ("DOL") has announced that it plans to change some of the parameters concerning tipped employees, including the use of tip pools. The new policy would allow employers to pool tips as long as the employees earn ...

What is a joint employer?

The Supreme Court has just announced its decision denying review of the recent 4 th Circuit Court test for determining who is a joint employer. Whether a company/individual is a joint employer is a significant issue for many businesses and means that ...

Is Sexual Orientation Discrimination Protected by Title VII?

The United States Health and Human Services’ Office of Civil Rights has just announced its will be creating a Conscience and Religious Freedom Division. LGBTQ advocates worry that this will give greater leeway for people to discriminate. ...

FLSA Opinion Letters Re-Issued

Late last week, the Department of Labor has reinstated nearly 20 “opinion letters” that had been published during the Bush Administration, but not been followed during the Obama years. These opinions serve as guidance to employers on how ...

Majority of women in computer related jobs report discrimination

A new report published by Pew Research determined that 3 out of 4 women in computer related jobs reported experiencing discrimination at work, compared to 16% of men. The types of discriminatory actions varied, with roughly one-third of participants ...

Sexual Harassment and the Gender Pay Gap

According to recent statistics, a substantial wage gap exists between men and women. For the last two decades, the gap has sat at around 20%, with men earning roughly one-fifth more than women. In some situations, where pay disparity exists, it may ...

Labor Department Revises Intern Test

The Department of Labor (DOL) has just announced that it has adopted a stricter test for determining which workers are “employees” vs. “interns,” and thus eligible for pay and other benefits associated with employment. ...

New Year will usher in a pay raise for many low wage earners

For many minimum wage earners, January 1, 2018 will mean higher pay. 18 states and numerous localities are raising their minimum wage for the new year. Unfortunately, despite efforts to increase the federal minimum wage, legislators have still kept ...

Chief Justice Roberts announces initiative to address sexual harassment

With heightened scrutiny being paid to sexual harassment and discrimination at the work place, Chief Justice John Roberts Jr. has announced that the federal judiciary will take steps to ensure that its employees are protected from harassment and ...

Things You Should Know About Family & Medical Leave

Health problems and family changes can be stressful, so it isn’t surprising that employees may need to take time off work to face these challenges. Many employers offer some form of sick leave or paid time off, but these may not always be ...

Breast-feeding Discrimination Claim Proceeds

In a recent employment law decision, a federal district court found in favor of a woman's claim that she had experienced discrimination while breast-feeding. In this instance, the woman expressed breast milk in a shared office. She had been ...

FLSA Violations More Frequent in Certain Industries

A recent survey found that nearly all investigated garment factories in the United States committed wage and hour violations. A staggering 94% of all factories reviewed were found in violation of the Fair Labor Standards Act (FLSA). The FLSA provides ...

Can year-end bonuses replace overtime pay?

With the holidays upon us, many of Georgia’s workers have received or will be receiving end of the year bonuses. In most cases this is cause to celebrate. However, what if that “bonus” is paid but overtime hours earned are not? Can ...

Lawsuit Asserts Amazon Ads Violate Age Discrimination Laws

A new lawsuit asserts that Amazon, Facebook and T-Mobile are using discriminatory practices by targeting potential new hires through the use of Facebook ads. The age discrimination lawsuit alleges that such practices violate “various state laws ...

Department of Labor Proposes Changes to Tip Pool Rules

The Department of Labor (DOL) has just announced that it is going to revisits tip pools. Currently, tip pools are highly regulated with the requirement that only those workers who typically earn tips are able to participate in the pool. This ...

Can businesses discriminate citing “religious freedom”?

Last week, the United States Supreme Court heard argument concerning whether a business had a constitutional right to discriminate against a gay couple by asserting it violated their “religious freedom.” In that matter, Masterpiece ...

Employers must respond to sexual harassment allegations

The recent high profile sexual harassment charges have been a watershed moment in United States history, exposing an all too common problem at American work places. It also raises a question about what employers should do when they learn of ...

Can an hourly employee legally be denied overtime pay?

Federal wage and hour law, the Fair Labor Standards Act (FLSA), provides that non-exempt workers are entitled to receive overtime pay at a rate of one and one-half times their standard rate of pay for all time spent working in excess of 40 hours in ...

What constitutes a "living wage" in Georgia?

The Fair Labor Standards Act (FLSA) provides that workers must be paid at least minimum wage and that non-exempt workers receive overtime pay at a rate of one and one-half times their standard rate of pay for all time worked in excess of 40 hours in ...

Lawsuit alleges racial discrimination

A recent lawsuit filed by a former Tesla employee asserts that he was fired for complaining about racial harassment, and that despite his complaints, Tesla never investigated his concerns. Specifically, the discrimination lawsuit asserts that ...

What labor laws apply if you’re a seasonal employee?

With the holiday season nearly upon us, many retailers and other businesses are gearing up for the rush by hiring seasonal employees. Many times, these are temporary positions, and employers/employees may not be aware of the various wage and hour ...

Bank found liable for violating whistleblower law

A federal jury has just found JP Morgan Chase liable for unlawful retaliation in violation of the Sarbanes-Oxley Act. According to the whistleblower lawsuit, a former wealth manager flagged a wealthy client of the bank for potential fraud and money ...

What is “language discrimination”?

Most employers and employees are aware that certain types of discrimination are illegal – such as race or gender. However, they may not be aware of how different policies or practices that appear neutral may be illegal as well. One area is ...

FLSA Considerations for Seasonal Time Changes

Many people have mixed feelings about the end of Daylight Savings Time. You may relish the extra hour of sleep, or find it easier to get up for work on Monday, or you may not like it getting darker earlier in the day. But, most people haven’t ...

Remote workers may be entitled to overtime pay

With the increased use of laptops, cell phones and technological advances, more and more workers are working remotely. This may be a formalized agreement or simply a logical extension of the day (catching up on email from home, or while on the ...

Whistleblower trial asserts executive suffered retaliation after reporting fraud

Recent employment law news reports that the trial has just begun in a whistleblower suit against a mutual funds group. A high level executive of the group asserted that after she complained that the company may have defrauded investors, the company ...

Is your employer required to accommodate your prayer schedule?

Georgia news reports that an Atlanta-area school fired a Muslim employee for requesting time to pray. According to reports, the school district stated that she falsified her job application, then was terminated when she requested that the school ...

Agricultural Workers May be Entitled To Overtime Pay

In a recent wage and hour dispute, the Northern District of Georgia awarded current and former farmworkers nearly $1.5 million in back wages and damages. The Fair Labor Standards Act (FLSA) complaint asserted that a Glennville onion grower, packer, ...

What Constitutes Sexual Harassment at Work?

The explosive allegations against Harvey Weinstein, and accusations that the Weinstein Company was aware of his behavior, but failed to do anything to stop it, raise many questions and concerns about work place harassment. Sexual harassment is ...

Large Employers Not Always in Compliance With Wage And Hour Laws

The Federal Labor and Standards Act (FLSA) requires employers pay employees at least minimum wage, and that non-exempt employees earn time and a half for all time work beyond 40 hours in any one work week. However, a recent expose examined the ...

Concerns Raised that Calls For “Religious Freedom” Will Increase Discrimination

The federal government has just issued a wide sweeping memo promoting “religious freedom” that many fear will increase discrimination. The memo written by Attorney General Jeff Sessions provides, “[T]o the greatest extent ...

Does Title VII Protect Against Sexual Orientation Discrimination?

Whether sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 extends to and protects against discrimination based on sexual orientation will likely be considered by the Supreme Court in the near future. Pursuant to Title VII, ...

Violating wage and hour laws can invalidate non-compete agreements

When taking a new job, many employees are required to sign “non-compete” agreements, which set forth certain requirements should the relationship end. Non-competes may set forth that an employee cannot work for a competitor within a ...

What constitutes pregnancy discrimination?

A Georgia woman is suing a Peach Tree City corporation for alleged pregnancy discrimination. According to the complaint, the company fired her rather than making an effort to accommodate her pregnancy related restrictions. The woman was instructed by ...

Non-Compete Agreements vs. Non-Solicit Agreements

The terms of non-compete and non-solicit agreements are often misunderstood. Whether you’re running a small business or a high-powered startup, you should understand the differences between these covenants. Here’s what you need to know to ...

TGI Fridays agrees to settle one of the nation’s largest wage and hour lawsuits

Reports indicate that the restaurant chain, TGI Fridays has agreed to settle a wage and hour class action suit for $19.1 million. The lawsuit asserts that the chain underpaid many of its employees in violation of the Fair Labor Standards Act (FLSA) ...

Whistleblower laws protect employees who report wrongful conduct

In a recent whistleblower case, a city fire inspector was awarded $1.5M after she was allegedly fired from her job after complaining about the safety of renovations at the facility where she was to work. The fire inspector asserted that her ...

How to File a USERRA Complaint

According to the Uniformed Services Employment and Reemployment Rights Act (USERRA), members of the military are entitled to return to their jobs after deployment without any changes to their position. USERRA is intended to shield service members ...

Important Questions to Ask Your Employment Lawyer

Finding the right lawyer to represent you in an employment law case can feel like a daunting task. It can be a challenge to know what to ask to learn what you should know. Here are five important questions you should ask your employment attorney ...

The Importance of Keeping track of All Time Worked

Two of the main provisions of the Fair Labor Standards Act (FLSA) is that all non-exempt workers be paid at least minimum wage and that they receive overtime pay for all time worked over 40 hours in any one work week. An employer’s failure to ...

Is it illegal to discriminate based on sexual orientation under Title VII?

The U.S. Supreme Court is currently considering whether to hear argument on a significant case involving gay rights. In Evans v. Georgia Regional Hospital, a female worker is suing the Atlanta area hospital based on discrimination she endured during ...

Court determines proposed overtime rule is invalid

On August 31, the United States District Court for the Eastern District of Texas determined that the proposed Department of Labor overtime exemption rule changes were invalid, thus leaving in place the long standing salary exemption threshold. The ...

Former employee sues Atlanta Hawks for race discrimination

Recently, a former employee of the Atlanta Hawks filed a wrongful termination/racial discrimination lawsuit against the basketball team. Title VII of the Civil Rights Act of 1964 prohibits various forms of race discrimination, including ...

Federal Court approves class certification for delivery drivers

A South Carolina federal judge just approved class certification for a group of pizza delivery drivers who asserted that their employer, Papa John’s, violated the Fair Labor Standards Act (FLSA). The complaint alleges that several franchises ...

What is USERRA?

Those who choose to serve in our Armed Forces could find themselves called into the line of duty at nearly any time, should something catastrophic happen. Often these service members have lives and careers that they’ve been working to expand ...

A single act of harassment may be sufficient to bring a race discrimination case

In a recent race harassment lawsuit, a federal district court determined that a supervisor's single use of the "n" word was sufficient to constitute a hostile work environment, and allowed he race discrimination case to proceed. Title VII ...

A Brief Overview of Georgia's Overtime Laws

In 1938, Congress passed the Fair Labor Standards Act, which would go on to become the foundation for the relationship between employers and employees that we still adhere to today. Perhaps the most well-known provision of this law pertains to work ...

Common Violations of the FLSA

As many workers are aware, Obama-era changes to the Fair Labor Standards Act (FLSA) set to be implemented in November were placed on hold by a federal judge, and it is unlikely that the salary threshold will be raised to the level suggested at the ...

Minimum Wage to Increase for City of Atlanta Employees

Recently Atlanta Mayor Kasim Reed announced that the City of Atlanta will be increasing the minimum wage paid to city employees to $15/hour. This increase is a positive step in providing a livable wage to city employees. Studies have shown that ...

Whistleblower Laws Protect Employees from Retaliation for Reporting Fraud

Many times workers who observe fraud or violations of federal law – such as workplace safety regulations – worry that if they speak up, they may lose their jobs. Fortunately, several "whistleblower laws" exist that can protect ...

Three Common Breach of Contract Disputes

The relationship between employers and employees are bound by thousands of rules, laws, and regulations, however both parties may choose to go a step further and utilize a contract that even further defines the terms of this relationship. However, ...

What is Whistleblowing?

The relationship between employers and their employees is regulated and governed by hundreds or even thousands of laws that dictate everything from expectations to requirements to proper conduct by both sides. Employers are the ones who have the ...

Are LGBTQ employees protected from workplace discrimination?

Last week, the Justice Department weighed in on an unsettled legal issue – whether the Title VII of the Civil Rights Act of 1964 protects LGBT employees from workplace discrimination. The Department of Justice (DOJ) argued that it did not, that ...

Federal Whistleblower Lawsuit Alleges Unlawful Retaliation

Recently, a scientist at the United States Department of Interior issued a public statement about a whistleblowing lawsuit he filed against the Federal government. In this case, he filed a suit alleging that the federal government was systemically ...

What types of damages can I recover in an employment discrimination case?

Title VII of the Civil Rights Act of 1964 prohibits several different types of employment discrimination, including discrimination or harassment based on one’s gender, race, religion or national origin. Where you have suffered work place ...

DOL signals it may seek to increase the FLSA's salary threshold

After implementation of the new Fair Labor Standards Act (FLSA) regulations were put on hold last year, many employers and employees were left wondering whether the changes would ultimately take effect. The changes would have increased the salary ...

Are employers required to share tips?

Recently, the 10 th Circuit Court of Appeals determined that employers are not required to share tips with employees as long as those employees are paid at least minimum wage. In that case, a woman worked as a caterer, earning $12/hour straight time ...

Do Title VII’s protections against sex discrimination extend to sexual orientation discrimination?

The 11 th Circuit Court of Appeals which covers Georgia, Florida and Alabama, has just denied a woman’s claim of discrimination based on sexual orientation. In the recent case a woman asserts that she lost her job due to sexual orientation ...

When must interns be paid?

With several high profile cases recently challenging the practice of using unpaid interns, many industries and companies have adjusted how they compensated interns and the work duties assigned to interns if they are to remain unpaid. One industry ...

Supreme Court to hear discrimination based on "religious freedom" case

The Supreme Court has announced that it plans to hear a discrimination case involving a bakery that refused to sell a wedding cake to a gay couple. The Colorado-area bakery asserted that it was against their “religion” to sell to a gay ...

What Happens After a Breach of Contract?

Contracts are a vital part of business. When an agreement is made, putting it into writing via a contract makes it legally enforceable and protects both parties involved should the other decide not to fulfill their obligations. But what happens when ...

Minor League Baseball Players Allege Wage and Hour Violations

A collective action brought by Minor League Baseball (“MILB”) players is currently pending seeking back wages and damages for violations of the Fair Labor Standards Act (“FLSA”). The FLSA provides certain guarantees, such as ...

Kentucky Fried Chicken Restaurant Sued for Disability Discrimination

Legal news reports that an Atlanta-area Kentucky Fried Chicken franchise is being sued for alleged disability discrimination in violation of the American’s with Disability’s Act (ADA). The ADA prohibits discrimination against ...

Recognizing Signs of Sexual Harassment in the Workplace

Sexual harassment and sexual assault are two serious issues that workplaces have to constantly be on the lookout for. Unfortunately, despite a culture which encourages anonymous whistleblowers and reporting those who perpetrate these acts, a number ...

Increasing the minimum wage benefits local communities

Recently one of Georgia’s congressional candidates stated that she does not “support a living wage.” Many states and local governments have enacted measures increasing the minimum wage to reflect a “living wage”, often ...

50 Years after the ADEA was enacted, age discrimination continues

It has been 50 years since the Age Discrimination in Employment Act (ADEA) was first enacted in an effort to address ageism in the workplace. The ADEA was enacted to remove age discrimination from the workplace, with its stated purpose to “to ...

Four Common Employment Law Disputes

Every state has laws that govern the relationship between employers and employees, ranging on how much an employee must be paid, when they hit their overtime hours, responsibilities employers have to their workers, and what employers can expect from ...

Report Finds Walmart Punishes Employees Who Take Leave

A recent study revealed a troubling finding – that the nation’s largest private employer may be punishing employees who lawfully take "sick days" or leave. Such actions may violate worker’s rights under the ...

Common Mistakes that Lead to Employment Law Problems

The relationship between an employer and their employees is heavily regulated. Employees are guaranteed lots of different protections and rights, and the laws creating these protections aren’t always clear or easy to understand. Therefore, ...

More state and local governments are pursuing pro-employee legislation

As the passage and implementation of federal regulations benefiting workers has slowed, many states and localities are looking inward to determine what changes can be made at a local level. Two increasingly common efforts include campaigns to raise ...

How to combat sex discrimination

Despite efforts to educate employers about sex discrimination, and eliminate it from our workplaces, many subtle (and not so subtle) forms of discrimination still occur. A recent survey polled woman about discriminatory actions they encountered at ...

How do I know if a job rejection constitutes age discrimination?

Two high profile cases – including one that the U.S. Supreme Court may consider – examine age discrimination in hiring. A recent study backed up what many older workers have long believed – that your age – particularly if ...

Common FLSA Questions

The Fair Labor Standards Act (FLSA) is a very long and detailed law that provides employees several different and significant protections including earning at least federal minimum wage and for non-exempt workers, and earning overtime compensation ...

What is a "joint employer"?

What constitutes a “joint employer?” If you ask most workers who their employer is, the answer is simple. Typically, it’s the head of the firm, or the boss that signs your paycheck. However, in other situations, particularly in ...

Former Football Coach Files Claim for Age and Sex Discrimination

A former football coach from Fort Valley University in Fort Valley, Georgia, has filed a claim against the University of Georgia Board of Regents, as well as three university officials for alleged age and sex discrimination, resulting in his wrongful ...

Will Religious Freedom Order Allow Businesses to Discriminate?

President Trump has just signed an executive order that may allow businesses to discriminate. Called the “Religious Freedom” order, the order makes it okay for business owners to refuse to sell goods and services to people based on their ...

New Bill May Encourage Employees to Take Paid Time Off Instead of Receiving Overtime Pay

Congress has just passed a bill that would give non-exempt employees the options of choosing to receive either overtime compensation, paid at the rate of one and one-half an employee’s standard rate of pay or to allow those employees to use the ...

Fox News Faces Racial Discrimination Charges

More employees have now joined a previously filed racial lawsuit against the Fox News Network arising out of actions at a New York station. According to reports, an executive at the station frequently used racial slurs and insults. She also allegedly ...

Department of Justice Requests Delay Until June For Overtime Rule

Employment news reports that the Department of Justice (DOJ) has requested that the final determination concerning the implementation of the new overtime rule be delayed until the end of June. Now, the DOJ will have until June 30, 2017 to file its ...

BUCKLEY BEAL LAUNCHES MEDIATION PRACTICE

Partner and Veteran Litigator Nicholas Smith Will Lead the Firm’s New Mediation Practice Area ATLANTA (April 25, 2017) — Buckley Beal, one of Atlanta’s leading employment and business litigation law firms, announced today the start ...

CNN Faces Race Discrimination Claims

Employment law news reports that a race discrimination lawsuit has been filed against CNN in a Georgia federal court. According to the lawsuit, the media giant has engaged in both racially discriminatory and harassing behaviors. Title VII of the ...

Disney to Pay Millions in Wage and Hour Dispute

According to reports, the Walt Disney Company has agreed to settle a wage and hour lawsuit for $3.8 Million. The FLSA lawsuit was brought by the federal government on behalf of hotel and time share resort workers alleging that the company violated ...

Landmark Decision Finds Title VII Sex Discrimination Protection Extends to Sexual Orientation

In a victory for those fighting against employment discrimination, on April 4th the Court of Appeals for the 7th Circuit held that sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 includes discrimination based on sexual ...

Implementation of Proposed Overtime Rule Varies Amongst Employers

As many are aware, the Department of Labor established new rules concerning overtime pay exemptions, which were set to take effect on December 1, 2016. However a Texas judge granted a temporary injunction stopping the rules from taking place. ...

Number of Wage and Hour Lawsuits Continue to Climb

The number of wage and hour claims filed over the last several years has significantly increased. The majority of these claims have concerned the improper classification of employees – whether identifying a non-exempt employee as exempt ...

Race Discrimination Lawsuit Filed Against Fox News

A new lawsuit has been filed against Fox News alleging racial discrimination. According to the suit, two African American women at a Fox affiliated station located in the Bronx were subjected to several year’s long repeated racial ...

Screening Questions May Be Discriminatory

As baby boomers reach and surpass traditional retirement age, many wish to continue working. However, if you don’t already have a job, finding work as an older applicant can be challenging. A recent study conducted by researchers at the ...

Am I entitled to pay if my office closes unexpectedly?

If your employer closes the office unexpectedly - such as when bad weather, threatens, there’s a power outage, or your server is down - are you entitled to be paid? This depends in part on how you are classified - as exempt vs. non-exempt. If ...

When is an employer required to pay for training time?

A recent federal court decision examined the circumstances when an employer is required to pay a worker for training time. Pursuant to Department of Labor (DOL) rules, employers should evaluate the following criteria to determine whether a worker is ...

New Bill May Pressure Employees to Submit to Genetic Screening

A new bill proposed in Congress has many concerned that they may face stiff penalties at work if they decline to submit to genetic testing. Currently, the federal law protects employees’ genetic privacy. The Genetic Information ...

Will the New Overtime Rule be Implemented?

In 2016, the Obama administration adopted new regulations that would entitled millions of additional workers to earn overtime pay by raising the threshold to consider worker exempt. The implementation of this rule could potentially increase the take ...

Age Discrimination Persists

Recently, CBS News reported that Age Discrimination is alive and well. As Americans are fighting to gain employment, improve their standards of living, and save money for the future, the fact that employment discrimination of any kind remains is ...

Disability Discrimination Continues at an Alarming Rate

The Equal Employment Opportunity Commission (EEOC), the federal agency which tracks work place violations, such as employment discrimination, has recently its 2016 employment statistics. Unfortunately, the numbers are disheartening. First, the total ...

Top Wage and Hour Issues for 2017

A House subcommittee of the United States Congress met last week to discuss future wage and hour policies. Much of the discussion will focus on the Fair Labor Standard Act (FLSA), which was enacted in the 1930s to provide basic protections to ...

Former CNN Producer Files Discrimination Lawsuit

The Atlanta Journal-Constitution recently featured Omar Butcher, our client, in a story that talked about his time at CNN and his struggle to receive the same opportunities as his colleagues. As a young man, Omar dreamed of becoming a journalist. ...

Nation's First Wage Discrimination Law Passed

In mid-January, Philadelphia became the first city to pass a wage discrimination law. Hopefully, this will lead to similar actions by cities and states around the country, including Atlanta and Georgia. The new discrimination law prohibits employers ...

Top Areas of Employment Discrimination

A little more than 50 years ago, Congress passed Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination in the workplace. The law prohibits discrimination against employees, former employees, and applicants for ...

Emotional Distress Damages May Be Recoverable For Retaliation

The Fair Labor Standards Act ("FLSA") covers the majority of workers in the United States and provides that workers are entitled to earn at least minimum wage and for those non-exempt workers, overtime compensation at a rate of one and one ...

Proposed Religious Freedom Act May Open Doors To Discrimination

A draft executive order proposed by the White House seeking to "Respect Religious Freedom" would provide sweeping protections to those who discriminate. While federal law under Title VII of the Civil Rights Act of 1964 protects employees ...

Wage and hour laws may be affected by changes at local level

With the federal overtime law on hold, many wonder how their rights to overtime pay and minimum wages will be affected. While what the federal government will do remains to be seen, most believe that the new rule which would have raised the salary ...

How to fight back against race and national origin discrimination

On Friday January 27th President Trump signed a sweeping travel ban denying entry to the country by refugees and immigrants from 7 mostly Muslim countries. This executive order is the latest in a series of actions and rhetoric that has fueled an ...

Legal Protections Against Workplace Discrimination

Just because it’s illegal to engage in workplace discrimination doesn’t mean the problem doesn’t exist. In fact, it’s prevalent in workplaces throughout Georgia, across the nation, and globally. While it’s true that, ...

Federal Discrimination Lawsuit Filed Against Oracle

A recent lawsuit filed by the Department of Labor against tech giant Oracle reveals the complexity of discrimination. In the race discrimination case, the DOL asserts that Oracles hiring pool was both over-represented by Asians, and thus ...

Supreme Court to Consider the Legality of Arbitration Agreements to Settle Wage and Hour Disputes

The trend of successful wage and hour lawsuits against employers has continued over the last several years, as workers become more sophisticated in fighting for their rights. Many reasons have been cited for the increase in wage and hour lawsuits. ...

How to Choose the Right Business Entity

Your business plan is in place and you’re ready to make it official. Now what? While it may be tempting to use an online service that quickly allows you to “incorporate,” we caution against this. The formation of a new business ...

What Is Employment Verification Discrimination?

A new law is set to take effect on January 18, 2017 which will help end employment verification discrimination. Employment verification discrimination occurs when a worker is treated differently when beginning a new job. For example, if an employer ...

Top Wage and Hour Concerns for 2017

Over the last several years, wage inequality and wage stagnation has been a drag on the economy. While the FLSA was enacted to provide workers certain protections, employers have not always abided by these protections. David Weil, the outgoing ...

Hall County Employees Serve Notice of Suit to County Commissioners

Hall County employees – overwhelmingly first responders – officially served the Hall County Board of Commissioners with a $75 million class action lawsuit during the board’s regularly scheduled meeting on January 12. More than 100 ...

Final Determination Concerning Overtime Law Nears

In November, just days before the new overtime law was set to become effective, a federal district judge from Texas, Judge Amos Mazzant, issued a preliminary injunction blocking the law from implementation. The Labor Department rule would have ...

Does your work place discriminate?

With the new year, many employees evaluate their current employment situation and New Year’s resolutions may include getting a new job or moving up within their current workplace. One of the factors that may influence whether you decide to seek ...

Protection from workplace discrimination varies from state to state

A recent poll performed by the job search company Monster evaluated how well each state in the country does in protecting worker's rights. The poll took into account 5 key areas of federal workplace protections. These included: 1) Discrimination ...

Millions of low-wage earners to get a raise in 2017

The nation’s lowest paid workers in 19 states will be getting a pay raise come 2017. Numerous states across the country will be raising their minimum wage after the new year. In Missouri and Washington, the minimum wage will be adjusted to ...

How will the incoming Department of Labor secretary affect wage and hour laws?

Many people worry that with the change in presidency and the appointment of the new labor secretary Andrew Pudzer, many of the steps taken toward improving wage and hour laws will be eliminated. Pudzer, the CEO of Carl's Jr. and Hardee's fast ...

Can You Be Fired for Talking About Your Salary?

From doctors to plumbers to teachers to coffee baristas, walk into just about any place of business, ask an employee what they make, and they will probably tell you to leave. A big part of employment culture in the United States is that employees ...

4 Common Lawsuits Small Businesses Face

While many people think of business-related lawsuits as mostly being squabbles between massive corporations, small business owners are equally susceptible to legal action. In fact, according to entrepreneur.com, small businesses who make an average ...

Age Discrimination Continues to Affect American Workplaces

Age discrimination continues to have a grip on many American work places. As highlighted by Madonna while accepting a Billboard Music Award, she stated "To age is to sin... I think the most controversial thing I have ever done is to stick ...

Illegal Job Interview Questions You're Probably Asking Applicants

As an interviewer for your business, it is your job to get to know potential new hires before offering them a position at your company. After all, in order to keep everyone happy and your business healthy, the right team members need to be a part of ...

5 Essential Things to Know Before Selling Your Business

While the rewards of selling your business can be great and ultimately life-changing, the process of doing so is far from simple. From finding the right buyer to facilitating a smooth transfer of power and ownership from one party to the next, ...

Workers Concerned The “Trump Effect” Will Lead to Increased Workplace Discrimination

In the weeks following the election, many people are worried about the “Trump Effect,” and the sense that President-elect Trump’s campaign and election has led to an increased hostility toward minority groups and other protected ...

Student Athletes Are Not Employees

A recent case evaluated whether student athletes should be considered athletes, and hence entitled to protections provided by the Fair Labor Standards Act (FLSA). The athletes asserted that because they are paid via tuition and scholarships, they ...

Appellate Court Reviewing Whether Title VII Protects Against Sexual Orientation Discrimination

In a case that could have far-reaching impact on the LGBT community, a federal court is considering whether Title VII of the Civil Rights Act of 1964 extends to discrimination based on sexual orientation. The case involves a female math teacher from ...

Implementation of New Overtime Rule Suspended

A Texas Court has granted a preliminary injunction blocking the implementation of several key features of the overtime rule set to take effect on December 1st. The new white collar exemption rule raised the salary threshold from $23,660 annually to ...

Facebook Faces Race Discrimination Charges

A lawsuit filed in federal court asserts that the social media giant Facebook unlawfully discriminated against two black employees at its North Carolina data center. According to the complaint, the two employees were subjected to several acts of ...

Can I Be Fired While on FMLA Approved Leave?

The Family Medical Leave Act ( FMLA ) extends a variety of protections and rights to many employees, salaried or hourly. It can grant a total of 12 months of unpaid leave after an employee or a close family member suffers a serious health condition ...

Can an Employer Deduct Pay from a Salaried Employee?

An employee paid an hourly rate must be paid for every minute worked and at their hourly rate; there are very few exceptions to this employment law requirement. But what about employees that are paid a predetermined salaried amount each week or each ...

How Will the Change in Presidency Affect Overtime Laws?

With the election of Donald Trump as our new president, many people have questions concerning how wage laws will be affected by the new administration. Recently, a Texas court halted the implementation of the new overtime rules set to become ...

Is It Illegal to Discriminate Against Millennial Workers on the Basis of Age?

The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in the work place. Pursuant to the ADEA, if you are over 40, it is illegal for your employer to discriminate against you because of your age, and you are also protected from ...

Three Ways You Can Help Avoid Contract Disputes

Any time you are drafting a business contract or reviewing one from the past, you need to be acutely aware of each word that goes onto the page. Flying through it and sending it off to your employee, partner, vendor, or whomever else might be asked ...

USERRA Protects Military Service Members Rights to Civilian Employment

On Veterans Day we honor those who have served in the Armed Forces as well as those who have fallen protecting the country. Currently, nearly 19 million veterans live in the United States, with an estimated 10.8 million veterans in the work force. In ...

Historic Ruling Finds Title VII Prohibits Sexual Orientation Discrimination

Title VII of the Civil Rights Act prohibits various forms of employment discrimination including discriminating “based on” sex. Courts have disagreed whether this includes sexual orientation. In a historic decision, a Pennsylvania ...

The Failure to Make Reasonable Accommodations May Violate the Americans With Disabilities Act

An Atlanta judge is facing charges of disability discrimination from several current and former employees. The American with Disabilities Act (ADA) and the American with Disability Act Amendment Act (ADAAA) make it illegal to discriminate in terms of ...

Will I be entitled to overtime pay?

As the deadline to implement amendments to the Fair Labor Standards Act (FLSA) approaches, potentially millions more working Americans may be entitled to bring home overtime compensation. At the same time employers across the country are also making ...

Does Your Tip Pool Comply With Federal Law?

For many workers, a large percentage of their pay comes in the form of tips, especially in the hospitality and restaurant industries. Often the tips earned over the course of a shift are pooled, and then distributed among the workers. However, ...

Supreme Court to Hear Gender Discrimination Case

The United States Supreme Court has just announced that it will interpret a case involving transgender rights. The issue of transgender discrimination has gained national attention in the last several months as an increasing number of state laws and ...

Knowing Your Workplace Rights If You're Pregnant

In 1978, Congress passed the Pregnancy Discrimination Act, which made it illegal for employers to discriminate against an employee if she became pregnant. This means that employees cannot use terminations, wage or hour cuts, medical leave denials, ...

Can I be fired for my political beliefs?

In one of the most contentious presidential elections in recent history, it is often hard to avoid political conversations and opinions concerning the candidates. At work, however, many people question rules concerning political speech, and whether ...

Do I get time-off to vote?

With election day quickly approaching, many people are anxious to exercise their right to vote and make sure their voices are heard. However, workers may wonder if they have to take time off to vote, and what their rights are with respect to work and ...

Ageism Still Exists in the Workplace, Hurts Millions of Older Workers

Unjust employment discrimination is a serious problem that can affect anyone, young and old. A recently-released study from the University of California at Irvine and Tulane University has concluded that age discrimination in particular is getting ...

Appellate Court Decision May Lead to Discriminatory Hiring Practices

A recent decision by the U.S. Court of Appeals for the Eleventh Circuit concerning federal age discrimination law is drawing sharp criticism. In Villarreal v. R.J. Reynolds Tobacco Co., a Georgia man sued R.J. Reynolds and two job search companies ...

Common FLSA Workplace Violations

The Fair Labor Standards Act (FLSA) provides the majority of workers certain protections such as the right to make at least minimum wage and to earn overtime pay, typically at a rate of one and one half times a worker's standard rate of pay for ...

Poll Finds Nearly One-half of Young African American Workers Face Job Discrimination

A recent poll has found that nearly one-half of young black people in America face job discrimination, whether during their job search or while on the job. The poll also found that about one-third of women of all races believe that they have faced ...

Employee or Independent Contractor?

A recently filed lawsuit against Amazon, Inc. has highlightled an issue that is a growing concern for workers across America - employment misclassification. Pursuant to the Fair Labor Standards Act (FLSA) whether you are classified as an employee or ...

What constitutes race discrimination?

Title VII of the Civil Rights Act of 1964 was enacted to prohibit certain types of discrimination, specifically discrimination based on race and color, sex, religion and national origin. Despite its passage, discrimination in various forms continues ...

Smart Business Exit Strategies & How to Use Them

Many people liken running a business to raising a child, especially if it is your own startup company you built from scratch. But whereas children will eventually grow up and leave the nest, the parent of a business is instead the one who eventually ...

Are Part-Time Workers Covered by the Fair Labor Standards Act?

The Fair Labor Standards Act (FLSA) protects workers in many ways, providing that workers are entitled to be paid at least minimum wage, and that non-exempt workers are entitled to be paid time and a half for all hours worked in excess of 40 hours in ...

What to Expect with the New Overtime Pay Law

The newly-approved overtime pay legislation is set to take effect on December 1 st, just a few short months away, but most employers and employees alike don’t know the details. If you are in this same group, don’t worry. You still have ...

Can I receive overtime pay if I work as a consultant?

The Fair Labor Standards Act (FLSA) provides that non-exempt workers may be entitled to overtime pay at a rate of one and one-half times a workers standard rate of pay for all hours worked in excess of 40 hours in any one work week. On the other ...

Signs It Is Time to Part Ways with Your Business Partner

Starting a business can be both an exciting and frightening endeavor. Whether you are fresh out of college or are simply looking to venture off on your own, partnering up with a friend or colleague is often an attractive option – at first. ...

What is sexual harassment?

Sexual harassment and sexual discrimination are prohibited by Title VII of the Civil Rights Act of 1964. This means that your employer may not make decisions about your employment based on your sex or gender. Additionally, the law protects you from ...

Should I file an employment discrimination lawsuit?

If you believe that you have suffered any form of employment discrimination, it is important to consult with an experienced Georgia discrimination lawyer right away to help you determine your next steps. Title VII of the Civil Rights Act of 1964 ...

Wage and Hour Lawsuits on the Rise

The number of wage and hour lawsuits continues to rise for a third year in a row. Statistics show that over the course of the last 5 years, the number of federal lawsuits filed based on alleged violations of the FLSA has more than doubled. With the ...

How Will I Be Affected by the New FLSA Rules?

The Department of Labor (DOL) has announced that beginning December 1, new rules concerning overtime exemptions will become effective. Specifically, the salary threshold will be increased from $455 to $913/week. What does this mean and how will it ...

What constitutes unlawful retaliation?

Employees are often worried that if complain about harassment or discrimination at work, they will face retaliation. While this is an understandable concern, pursuant to federal law, it is unlawful for your employer to retaliate against you for ...

Attorney Andrew Beal to Teach CLE Seminar

Attorney Andrew M. Beal will be teaching a CLE seminar on Friday, March 25 th, 2016 at the State Bar of Georgia Conference Center. The presentation, entitled The Business Tort: Leavers, Stayers and Criminal Conduct, will take place from 9:15 am to ...

Do I Need to Take My Case to Court?

From business litigation to personal injury claims, the go-to solution for legal disputes on most people’s minds is to head to the courtroom and allow a judge or jury to figure out the resolution. While litigation is understandably popular due ...

Can I Get Fired for What I Say on Social Media?

While having your parents on social media following your accounts might be widely considered as embarrassing, having your employer or boss do the same can be far worse. Everything you say on Facebook, Twitter, and other popular websites and ...

I Need More than 12 Weeks of FMLA Leave! What Do I Do?

Employers in every state are required under the federal Family and Medical Leave Act (FMLA) to provide their employees the opportunity to take unpaid leave for medical, military, and maternity/paternity reasons. Employees who take this time are ...

How to Prove Workplace Discrimination

In the United States, employers are prohibited from discriminating against employees based on protected characteristics such as race, gender, national origin, age, veteran status, disability, or religion. When a person believes that they have been ...

Minimum Wage Lawsuit Filed Against Amazon

A new wage and hour lawsuit has just been filed against Amazon.com following the launch of it’s instant delivery system – Prime Now. Prime Now offers “instant delivery” – offering shoppers the option to request the ...

Fight to Increase Minimum Wage Takes Center Stage

The fight to increase the minimum wage is becoming a central issue in the upcoming presidential elections. In a recent Republican debate, one of the first questions was whether the candidates intend to support a raise in the minimum wage, and ...

Dellinger v. Science Applications International

In a recent court of appeals decision out of the Fourth Circuit, the court determined that while current and former employees are entitled to protection from retaliation under the Fair Labor Standards Act FLSA, prospective employees are not entitled ...

If You Complain To Your Employer About Overtime Pay Violations, Are You Protected From Retaliation?

The federal Fair Labor Standards Act (FLSA) provides certain basic rights to almost all workers in the United States. You are entitled to earn minimum wage and all non-exempt workers must be paid overtime wages at a rate of one and one-half times ...

Fake Employment Letter Study Reveals Disability Discrimination

A recent article in the New York Times revealed a disconcerting finding and the uphill battle many face against employment discrimination. The conclusion comes as the result of a study conducted by researchers from Syracuse and Rutgers Universities. ...

Retail Misclassification Prevalent

Pursuant to the Fair Labor Standards Act (FLSA), generally all non-exempt workers who put in more than 40 hours in any work week are entitled to earn overtime pay at a rate of one and one-half times their standard rate of pay for the extra time ...

Advocates Petition President Obama To Fight Employment Discrimination

Federal and state laws protect against various different types of discrimination. For example, Title VII of the Civil Rights Act of 1964 prohibits employers from discrimination against employees on the basis of religion, gender, sex, national origin ...

Changes To FLSA Increase Number of Workers Covered

The Department of Labor (DOL) made several changes this summer, including 2 announcements that will likely expand the number of workers covered under the Fair Labor Standards Act. The first change involved “white collar” exemptions and ...

What Actions Constitute Age Discrimination?

According to recent employment law reports, a man has filed an age discrimination lawsuit against 7-Eleven, the national convenience store chain. The employment discrimination claim asserts that a 73-year-old man was hired by a convenience store ...

Department of Labor Wage and Hour Rules To Cover Home Health Care Workers

Beginning on October 13th, live-in home health care agencies will have one-month to get their books in order and prepare to ensure that their workers are receiving minimum wage and the overtime compensation they are entitled to. The U.S. Supreme ...

Employment Discrimination May Affect Any Work Place

Employment discrimination can happen to anyone – regardless of what region of the country they live in, what type of job they have or their salary range. Employment discrimination doesn’t just affect those in lower paying – entry ...

Not All Salaried Employees Are Exempt

Halilburton must pay $18 million to resolve a Fair Labor Standards Act (FLSA) claim that for a mistake that is considered the number one thing employers should not do when compensating salaried employees. According to recent employment law news, the ...

Employment Discrimination May Involve Many Different Types of Conduct

A recent employment discrimination lawsuit has been filed against a Louisiana company allege unlawful racial discrimination. According to the suit, the man was employed as a night shift supervisor in charge of plugging and abandoning wells. The man ...

Requiring "Strength Test" May Constitute Sex and Age Discrimination

Discrimination laws prohibit employment discrimination against current and prospective employees on the basis of a variety of different protected categories such as race, sex, national origin, and religions. Not all instances of employment ...

Wage and Hour Lawsuits In the Hospitality Industry on the Rise

Recently, the number of lawsuits alleging violations of the Fair Labor Standards Act (FLSA) has been on the rise, particularly in the hospitality industry. In fact, earlier this month a Wall Street Journal article focusing on the increase in lawsuits ...

Intern or Employee?

The question whether student interns should be considered employees is an often-difficult employment law decision. If a student intern is considered an employee, he or she may be entitled to employment benefits pursuant to the Fair Labor Standards ...

New Bill Takes Aim At Employment Discrimination Based on Credit Report

Recently, Senator Elizabeth Warren (D-Mass.) and Rep. Steve Cohen (D-Tenn.) introduced a new bill seeking to eliminate potential employment discrimination based your credit score. The new bill – the Equal Employment for All Act, criticizes ...

Home Health Care Workers May Be Entitled To Overtime Pay

The Department of Labor (DOL) has proposed several changes to the Fair Labor Standards Act (FLSA), especially concerning exemptions, and the workers who may be entitled be considered exempt or not-exempt. Workers who are exempt generally do not ...

Have You Been a Victim of Age Discrimination?

An unfortunate result of the aging of America and the desire of employees to work longer, is that age discrimination is on the rise. Often employers believe that older, more experienced workers cost more to keep on the payroll – as the result ...

Psychological Test Given Prior To Promotion May Be Discriminatory

Retail giant Target Corporation has just agreed to pay $2.8 million to settle an employment discrimination complaint. The race and disability discrimination lawsuit alleged that applicants for upper level jobs were improperly screened out. According ...

Proposed Rules To Increase Number of Workers Entitled To Overtime Pay

Earlier this summer, the Department of Labor issue new regulations which, if adopted, have the potential to significantly impact “white collar” workers and their ability to obtain overtime compensation. The proposed rules are open for ...

Lawsuit Alleges Discrimination Based on Perceived Disability

Employment news reports that the federal government has filed a lawsuit against Amtrak alleging employment discrimination. According to the disability discrimination complaint filed by the Equal Employment Opportunity Commission (EEOC), Amtrak ...

What you need know about the FLSA Proposed Rules

The Department of Labor (DOL) has issued several new rules concerning the Fair Labor Standards Act (FLSA). While these rules have not yet been become effective, they signal a change in the way the FLSA will be interpreted in the future, and may have ...

Employment Discrimination Lawsuit Alleges Disability Discrimination

A class action employment discrimination lawsuit has been filed against a large health care company alleging systemic discrimination against job applicants and employees. The discrimination suit alleges that adverse employment actions were taken ...

The Importance of Proper Employment Classification

The issuance of the recent proposed amendments to the Fair Labor Standards Act (FLSA) affecting the circumstances under which someone may be considered “exempt” v. “non-exempt” and when a worker may be entitled to overtime pay ...

How to Prove a Breach of Contract

Contracts are inherently a two-way street. You do this action for a benefit provided by the other party, and vice versa. It sounds pretty simple but things can quickly become complicated when the other party decides they want out early by breaching ...

Religious Beliefs Not An Excuse For Discrimination

Following the recent Supreme Court decision legalizing gay marriage, many opposing the decision have denounced the decision based on moral grounds. Some have suggested that based on religious reasons they don’t have to recognize gay marriage ...

Minimum Wage Increases Gaining Traction

The fight for an increased minimum wage is getting increased traction, with cities on both coasts taking action to raise the wage to $15/hour. In New York, the state has announced that all fast food workers’ wages should be raised to $15 from ...

Are You An Independent Contractor Or An Employee?

The Department of Labor has just issued a new “Administrator’s Interpretation” that more narrowly defines what it is to be an “independent contractor.” Determining your work classification – whether you are an ...

Discrimination Against Gays Determined to be Sex Discrimination

In an important victory against employment discrimination, the Equal Employment Opportunity Commission (EEOC) has determined that anti-gay discrimination in the workplace constitutes a form of sex discrimination. In a recently published opinion, the ...

Failure to Allow Leave For Cancer Treatment May Violate the ADA

According to legal news, Dunkin Donuts has been sued for disability discrimination after it refused to provide medical leave to a woman suffering from cancer. In apparent violation of the law as required by the Americans with Disabilities Act (ADA), ...

Proposed Changes Affecting FLSA Exemptions Issued

On July 6th, the Department of Labor issued its much anticipated rules designed to update the Fair Labor Standards Act (FLSA) regulations. The rules sought to “define and delimit” overtime exemptions for while collar employees. Whether an ...

Gay Marriage Legalization and the Changes that Need to Follow

To many Americans, Friday’s 5-4 Supreme Court ruling which legalized gay marriage nationwide signifies much needed societal advancement and provides a long awaited and much anticipated legitimacy for relationships, families, and modern American ...

Court Holds Uber Drivers Are Employees

Whether a worker is classified as an employee or an independent contractor can have a significant effect on a person’s take home pay, as well as his or her entitlement to certain rights and benefits. For example, pursuant to the Fair Labor ...

Age Discrimination Claim Advances Based On "Cat's Paw" Theory

The Age Discrimination in Employment Act (ADEA) prohibits age discrimination. This means that it is illegal for an employer to take adverse employment action against an employee based on his or her age. To make out a prima facie case of age ...

Is Your Company Required to Pay You Overtime Compensation For After-Hours Smart-Phone Use?

Many companies have taken to the practice of providing their employees cell phones. This practice can blur the line between work hours and off hours, and raise legal questions concerning the right to overtime compensation. Several currently pending ...

Gay Rights Groups Seek Legislation Ending Employment Discrimination

In anticipation of a Supreme Court victory on same-sex marriage, many gay rights activists believe that the time is ripe for passing broad based federal legislation against discrimination in the workplace. Currently, some states have protections ...

Supreme Court Finds Religious Discrimination

In a victory for victims of discrimination, the Supreme Court of the United States has just ruled in favor of a Muslim woman who was denied a job at Abercrombie and Fitch. Allegedly, the clothing store did not hire her because of her head covering. ...

How The Overtime Rules May Affect You

The Department of Labor will soon be issuing a new proposal concerning overtime pay with many observers believing that the salary threshold will be raised. Currently, workers are only guaranteed time and a half if you earn less than $455 a week ...

Movement To Increase Minimum Wage Gaining Steam Across the Country

The Fair Labor Standards Act (FLSA) applies to nearly all workers in the United States and provides certain basic protections and guidelines. Among these are the guarantee that workers earn at least minimum wage and that all non-exempt employees earn ...

USERRA Discrimination Alleged Against DEA

CBS News reports that more than a dozen federal agents have filed an employment discrimination action against the Drug Enforcement Agency (DEA). According to reports, the agents allege that the DEA has subjected the workers to “consistent, ...

Sexual Harassment Not Easily Defined

A class action lawsuit alleging sexual harassment and discrimination has been filed against Ford Motor Company. Twenty-nine women additional have just joined the suit, which was originally filed by 33 women – with many more saying they would ...

Verbal Complaints May Suffice To Raise Retaliation Claim Under FLSA

According to Federal Labor Law – the Fair Labor Standards Act (FLSA) – If you are concerned that your employer is not paying you the wages you believe you are entitled to, and you suffer retaliation for complaining, you may be entitled to ...

New Overtime Exemption Laws To Be Revealed Soon

This past week, Labor Secretary Thomas Perez announced that his agency has finished drafting proposals which would update the Fair Labor Standards Act (FLSA) overtime and minimum wage laws for the first time in over a decade. While no one knows ...

Growing Numbers of Americans Report Age Discrimination

According to a recent CNBC News story, a growing number of older workers have reported experiencing age discrimination both while searching for a job and at their place of employment. In turn, this discrimination is making it difficult to find work ...

Improper Calculation of Regular Rate of Pay For Overtime May Violate FLSA

Pursuant to the Fair Labor Standards Act (FLSA) non-exempt workers are entitled to be paid overtime compensation at a rate of one and one-half times their regular rate of pay for all hours worked over 40 in any one work week. Employers can get into ...

Are Automobile Dealer Employees Covered under the FLSA?

With the current state of the automobile industry, and the economy in general, and even in the relatively well- off parts of the Atlanta area, many people who work for car dealers are scrambling around, either trying to figure out if their positions ...

Name Calling, Obscene Gestures May Constitute Sexual Harassment

A jury has awarded a woman more than $13 million in back pay and damages in a sexual harassment lawsuit. While sexual harassment is one of the most well known forms of employment discrimination, it is not clearly defined. It is not a single instance ...

Default Rules for an LLC in the Absence of an LLC Written Agreement.

Below are a few examples of the Georgia default rules for an LLC and how and where they can be modified. Agency of Members and Managers [1] : Under the default rules, every member of the LLC is an agent of the LLC for the purpose of its business and ...

Employment Discrimination Against Interns Unlawful

With summer rapidly approaching, many companies plan to hire interns. Often, these interns agree to take on positions that are “unpaid.” However, laws exist setting forth specific rules concerning whether an intern must be paid. For ...

Misclassification Often Leads to Violations of FLSA

A new wage and hour lawsuit has been filed against the cosmetics company Sephora – alleging several violations of the Fair Labor Standards Act (FLSA). The FLSA provides many protections to workers – including the provisions that workers ...

The Importance of Having a Written, Signed Operating Agreement and Articles of Organization for Your LLC

Forming a limited liability company (“LLC”) is a great option for many Georgia business owners for several reasons. One great aspect of an LLC is that they have flow through tax characteristics. Another great aspect of an LLC is their ...

Pregnancy discrimination case filed against Grocery Store

Legal news reports that a California woman has filed a pregnancy discrimination lawsuit against a large retail chain. The claim arose out of her employers’ reaction to her informing them of her pregnancy. According to the lawsuit, when the ...

Have You Been A Victim of Wage Theft?

The Fair Labor Standards Act (FLSA) provides employees several protections, however many workers still endure violations of wage and hour laws – “wage theft” – and may be entitled to recover compensation including back pay and ...

Georgia Non-Compete Law: The Importance of Making the Restrictive Covenant Independent of the Employment Agreement

In this blog post, we will discuss why it is so important to make the restrictive covenant independent of your employment agreements. Many former employees often are able to void their entire employment agreement by arguing that the former employer ...

Home Healthcare Workers File Wage and Hour Lawsuit

Recently, a group of home health care workers filed a class action wage and hour lawsuit against several health care staffing companies. The group made several claims against these agencies asserting that they were not paid the hourly wages they were ...

Medical Procedure Not A Prerequisite For Equality

A recent employment law decision by the Equal Employment Opportunity Commission (EEOC) eloquently set forth rationale finding evidence of discrimination in a transgender case that could apply to many other instances of discrimination. In the recent ...

Georgia Non-Compete Law: Application of the New Law in a Recent Case

In continuing the blog series on the new Georgia non-compete law, we will now discuss the application in our firm’s recent case that involved a license agreement whereby independent contractors were hired to coach small children at the ...

Georgia Non-Compete Law: The New Law And How It Applies To You

From our previous posts, we now know that all restrictive covenant agreements entered into on or after May 11, 2011 are subject to the “new” law, let’s take a look at the differences between the old and new law and what this means ...

Facebook Lawsuit Paves Way For Victims of Discrimination

Ellen Pao, a former employee at a venture capital firm aligned with Facebook, brought a gender discrimination lawsuit against the firm and the social media company. She alleged that claimed she was punished and eventually fired in 2012 from her job ...

Mining Company Must Pay Back Wages for Misclassification

Employment law news reveals that a large mining company will be required to pay $4.5 million in back pay to several current and former workers as the result of several wage and hour violations. According to reports, the company made several errors ...

Facebook Faces Employment Discrimination Lawsuit

Earlier this week, a former Facebook employee filed a gender and race discrimination lawsuit against the social networking site. The lawsuit alleges that the woman was hired to work as a program manager, and then promoted to be a technology partner. ...

Understaffing And Overworking Employees May Violate Wage and Hour Laws

Recently, the Pennsylvania Supreme Court upheld a $185 million judgment against a national retailer based on wage and hour violations. The case highlights the extreme tactics some employers use to try to maximize profits, which in this instance ...

Georgia Non-Compete Law: The Not-So-Old Law

Although the pre May 11, 2011 law is often times referred to as the “old law”, it is important to remember that this law is still effective for those contracts entered into before May 11, 2011. In this blog post, we will go over the ...

Gender Discrimination Lawsuit Filed Against Novartis

Legal news reports that a group of women have filed a $110 million class action discrimination lawsuit against Swiss drug maker Novartis. The gender discrimination lawsuit is based on claims the company has routinely denied women equal and promotion ...

Cheerleaders Settle Wage and Hour Lawsuit

The Tampa Bay Buccaneers have agreed to settle a class action wage and hour lawsuit filed by it cheerleaders. The 94 former and current cheerleaders have alleged that the football program failed to pay the cheerleaders minimum wage, and that they ...

Georgia Non-Compete Law: A Look at Georgia's (Complicated) History of Restrictive Covenants

The world of non-compete law in Georgia took a turn on May 11, 2011 when House Bill 30 was signed and effectuated O.C.G.A. § 13-8-50, et seq (the Georgia Restrictive Covenants Act). Although to date there is minimal case law interpreting the new ...

Have You Suffered Pregnancy Discrimination?

As the Supreme Court considers whether employers must accommodate pregnant women in certain situations, many women across the country still face discriminatory actions on account of their pregnancy. The Pregnancy Discrimination Act prohibits ...

What Qualifies As an Exemption Under the Fair Labor Standards Act?

The Department of Labor is currently preparing revisions to the Fair Labor Standards Act (FLSA), which will be issued in the next coming months. Most observers believe that these revisions will include adjustment to the “salary basis” ...

National Origin Discrimination On the Rise

The recent shooting of three Muslim students at the University of North Carolina, Chapel Hill has brought national attention to the issues of racial and religious discrimination. According to reports, the man accused of killing the students had a ...

Oscars Raise Issue of Equal Pay

One of the standout moments at the Oscars was actress Patricia Arquette’s call for pay equality – calling for equal pay for equal work. While accepting an award, Arquette spoke out, stating “To every woman who gave birth, to every ...

Age Discrimination Continues To Plague Many Work Places

For years, age discrimination claims have been one of the fastest growing types of employment discrimination lawsuits. The Age Discrimination in Employment Act (ADEA) prohibits discrimination against individuals over the age of 40. Older workers ...

Department Of Labor Likely To Amend Salary Exemption

According to CNN, the Obama administration is getting closer to issuing its proposed amendment to the overtime compensation laws. The amendment will provide overtime pay to low-salaried managers who don’t currently qualify for them. Pursuant to ...

Retaliation Leads Employment Discrimination Claims

Employment discrimination can take many different forms. Often, sex discrimination or race discrimination comes to mind when people think about what actions are considered discrimination. However, several different types of actions may be considered ...

Secret Service Employee May Maintain Claim For Retaliation

In order to ensure that employees are not scared to complain about work place discrimination, federal law, including Title VII and other discrimination laws, prohibit retaliation. Not all retaliatory actions are covered, but if you are the victim of ...

When Must An Intern Be Paid?

Several recent lawsuits are raising questions about interns and when they must be paid as employees pursuant to the Fair Labor Standards Act (FLSA). The FLSA provides that all workers must be compensated for their work – earning at least ...

Reverse Sex Discrimination Case Filed Against Restaurant Chain

Title VII of the Civil Rights Act of 1964 prohibits sex discrimination in the workplace. This means that employers may not take gender into consideration when it makes employment decisions, including whether to hire, fire, or promote a particular ...

Underreporting of Time Not An Excuse To Violate the FLSA

Pursuant to the Fair Labor Standards Act (FLSA) generally employers must pay all non-exempt workers overtime compensation at a rate of time and a half for all times their standard rate of pay for all time worked in excess of forty hours in a work ...

Religious Discrimination Lawsuit Filed

Georgia news reports that Atlanta’s fire chief has filed a complaint for discrimination after he was terminated following a controversy over a religious book he wrote. In the book, he denigrated homosexuality. He claimed his views were based on ...

McDonald's Corporation Sued In Employment Discrimination Case

Legal news reports that a group of former McDonald’s workers have filed an employment discrimination lawsuit against the fast food giant. The 10 plaintiffs have alleged that they were subjected to racial discrimination and sexual harassment at ...

Should Employers Provide Pregnant Workers Reasonable Accommodations?

A North Carolina has filed a pregnancy discrimination case after her boss failed to give her shifts following a request for lighter duties. According to the complaint, the 27-year-old certified nursing assistant was instructed by her doctor to stop ...

Time Spent After Hours On Smart Phone May Entitle You To Overtime Compensation

With the proliferation of smart phones, it is easier than ever to communicate. An employer may send a quick text or email after work hours, and expect a response. However, the ease of communication may lead to potential Fair Labor Standards Act ...

What Is A Protected Class Under Title VII?

The Equal Employment Opportunity Commission (EEOC), the Justice Department, and many courts across the country have stated that it’s illegal to discriminate against employees for being transgender. In fact, just recently Attorney General Eric ...

Are You Entitled To Overtime Pay?

With the new year upon, reforms to the Fair Labor Standard Act (FLSA) are expected. Last March President Obama signed a memo directing the Department of Labor to address certain provisions of the federal law. One of these provisions concerns the ...

Employee Fired for Caring for Disabled Parent Successfully Brings ADA Claim

A recent disability discrimination case evaluated whether an employer can lawfully fire an employee for being too distracted from his job duties while caring for his father. The court determined that it could not, and that the employee could ...

What Duties Are Integral and Indispensable?

The Fair Labor Standards Act (FLSA) applies to most workers in the United States and provides that employees are entitled to earn at least minimum wage, and non-exempt employees must be paid overtime compensation at a rate of one and one half times ...

Are You An Employee Or Independent Contractor?

How workers are classified – whether they are considered to be employees or independent contractors, exempt or non-exempt – is often the starting point for many employment discrimination lawsuits. Understanding your proper classification ...

Deductions for Uniforms Cannot Reduce Your Overtime

Do you have to wear a uniform as a part of your job, and is the cost for the uniform deducted from your paycheck? Your company has to follow a number of guidelines to do this correctly– and, if they don’t follow the guidelines, you may ...

21 States To Raise Minimum Wage In 2015

With 2015 approaching, 21 states are set to increase their minimum wage. In nine states, the raise is called for by state laws. These include Arizona, Colorado, Florida, Missouri, Montana, New Jersey, Ohio, Oregon and Washington. In another four ...

Wage and Hour Collective Actions May Lead To Improved Workplace Conditions

Over the last several years, the number of wage and hour lawsuits filed against employers has steadily increased. Federal lawsuits based on violations of the Fair Labor Standards Act (FLSA) may arise in a variety of situations, but are often based on ...

Sex Discrimination Ban to Include Gender Identity

Earlier this month, Attorney General Eric Holder announced that it is position of the Justice Department that unlawful sex discrimination includes sex discrimination based on gender identity. In a memo issued on December 15, Holder wrote that it is ...

Wage and Hour Considerations During The Holiday Season

If you work during the holiday season, and work on the holidays themselves, several different factors may affect your take home pay. For example, holidays often provide extra opportunities to work overtime. Under the Fair Labor Standards Act(FLSA) ...

Supreme Court To Rule On Pregnancy Discrimination Case

The Supreme Court will begin hearing oral argument on a case that has to potential to profoundly affect working women. The case, Young v. UPS, involves pregnancy-related workplace discrimination. According to this significant lawsuit, a part-time UPS ...

Changes Likely To Exemptions Under The FLSA

President Obama and the Department of Labor have indicated that they will reveal proposed revisions to the Fair Labor Standards Act (FLSA) sometime in early 2015. One of the areas that will be impacted concerns employee “classification.” ...

Should Thanksgiving Workers Get Overtime Pay?

More and more retailers seeking to capitalize on holiday shopping are requiring employees work on Thanksgiving. While many take advantage of this extra opportunity to get great deals, save money and get a start on holiday shopping, this trend has ...

Georgia School Districts Cannot Claim Immunity Under The Eleventh Amendment

The U.S. Court of Appeals for the 11th Circuit in Atlanta has just issued an important ruling that could potentially impact future employment discrimination lawsuits. The decision provides that Georgia school districts cannot hide behind the Eleventh ...

Race Discrimination Verdict Reinstated Against MARTA Manager

The U.S. Court of Appeals for the Eleventh Circuit has just reinstated a $500,000 retaliation verdict against MARTA. The retaliation lawsuit was filed after a man was allegedly fired for telling his supervisor he was going to file a race ...

50 Years Later: the Civil Rights Act of 1964 and Title VII

In 1963, after marches and lobbying by the civil rights community, President John F. Kennedy publicly endorsed a civil rights bill, which would give “all Americans the right to be served in facilities which are open to the public – ...

Research Shows Weight Discrimination is Prevalent

Employment discrimination may occur in a variety of settings. Title VII of the Civil Rights Act of 1964 prohibits many types of discrimination including discrimination based on race, color, sex, national origin and religion. This means that employers ...

Wage Theft Continues To Plague Workers

A recent article underscored the prevalence of wage theft – the failure of employers to pay workers the amount of wages they are entitled to. Addressing “wage theft” can be hard, workers often fear retaliation if they complain about ...

Unlawful Retaliation Claims On the Rise

A recent report reveals that a record number of employment discrimination cases based on “unlawful retaliation” were filed last year. According to the Equal Employment Opportunity Commission (EEOC), more than 38,000 charges of retaliation ...

Degree of Control A Central Factor In Determining Who Is An Employee v. Contractor

Recently, several cases around the country involving strippers have highlighted a significant issue for workers in all lines of work – whether you should be classified as an independent contractor or an employee. In the latest case, Terry v. ...

Employee Wins Landmark Employment Discrimination Case

Legal news has just reported a victory in a landmark employment discrimination case. The U.S. Office of Special Counsel has determined that the Department of the Army engaged in “frequent, pervasive and humiliating,” gender-identity ...

NCAA Sued For Wage Violations

A new wage and hour lawsuit has been filed against the NCAA asserting violations of the Fair Labor Standard’s Act (FLSA) minimum wage provision. The lawsuit, which was filed in the U.S. District Court in Indianapolis by a former soccer player, ...

Wage and Hour Questions Prevalent In Health Care Industry

Federal labor law (the Fair Labor Standards Act – FLSA), provides many protections for the vast majority of this country’s workers. Pursuant to the FLSA, workers must be paid at least minimum wage and all non-exempt workers are entitled ...

Are You an Employer or Employee?

A recent employment law case evaluated whether a doctor should be considered an employer or an employee. In the disability discrimination case, an anesthesiologist was identified as an employee based on her employment agreement. However, after ...

ADA Lawsuit Filed Against FedEx

Legal news reports that a federal discrimination lawsuit has just been filed against FedEx. The Americans with Disabilities Act claim asserts that FedEx discriminated against a large class of deaf and hard of hearing package handlers and job ...

When Should Employees Be Paid For Pre- and Post-Shift Time?

This past week the United States Supreme Court heard argument on a potentially significant Fair Labor Standards Act (FLSA) case. The lawsuit, Staffing Solutions, Inc. v. Busk, involves whether employees who are required to stand in a security ...

Supreme Court To Hear Religious Discrimination Case Based On Look Policy

The Supreme Court has just announced that it will hear the religious discrimination filed by a Muslim woman against clothing retailer Abercrombie & Fitch. The Title VII employment discrimination matter involves the case of a Muslim teenager who ...

Who Is an Employer or Employee Under the FLSA?

Determining who is your employer and conversely whether you are considered an “employee” are hot topics pursuant to the Fair Labor Standards Act (FLSA). Pursuant to the FLSA, employers owe employees certain rights. These include the right ...

McDonald's Corporation Sued In Employment Discrimination Case

Legal news reports that a group of former McDonald’s workers have filed an employment discrimination lawsuit against the fast food giant. The 10 plaintiffs have alleged that they were subjected to racial discrimination and sexual harassment at ...

Transgender Lawsuits Filed Against Two Companies

The EEOC has filed its first Title VII lawsuits on behalf of transgender workers. The lawsuits, filed against Florida and Michigan companies, accuse the businesses of discriminating against workers based on their gender identity. The federal ...

Wage Theft Has Cost Low Income Workers Billions In Compensation

NBC News reports that wage theft is costing low wage earners literally billions in lost compensation. According to an analysis published by the Economic Policy Institute, close to $1 billion was recovered in 2012 on behalf of workers for Fair Labor ...

When Is Workplace Bullying Discrimination?

A recent article raised an interesting question – is “bullying” a new form of workplace discrimination? The article was premised on the idea that often harassing behaviors occur within the office setting but may not rise to level of ...

Are You Entitled To Overtime Pay?

A recent article in the New York Times looked at a complicated overtime pay issue – one that President Obama is seeking to simplify. The question is – who is entitled to overtime compensation? Under federal labor law – the Fair ...

Religious Discrimination Lawsuit Filed Against Dunkin Doughnuts

Legal news reports that a federal religious discrimination lawsuit has just been filed against Dunkin Doughnuts. According to the lawsuit, a franchise refused to hire a North Carolina man who could not work Saturdays due to his religious beliefs. The ...

Cheerleaders Win Wage Theft Lawsuit

The Oakland Raiders cheerleaders – The Raiderettes – have just settled their wage and hour lawsuit against the team. The minimum wage and overtime lawsuit asserted that the Oakland Raiders violated labor laws in several ways, including ...

Sex Discimination Case Filed Against Costco

This past week, the EEOC filed a sex discrimination case against retail giant Costco. The Title VII lawsuit alleges that Costco violated federal sex discrimination laws when it failed to protect a female employee from unwanted sexual advances made by ...

Are You A Victim of Wage Theft?

Several recent lawsuits have highlighted a growing problem across the country – wage theft. Wage theft refers to the failure of employers to pay overtime compensation and minimum wage in violation of the Fair Labor Standards Act (FLSA). The ...

Policies That Have Disparate Impacts On Protected Individuals May Be Discriminatory

Workplace discrimination can occur in a variety of manners. Although employment discrimination cases often focus on intentional acts of discrimination – such as not hiring someone or firing someone because of their race or gender – ...

$4.2M Settlement in Wage and Hour Lawsuit

Financial services group Morgan Stanley has reached a nearly $5M settlement with its client services group concerning its alleged failure to pay workers overtime compensation. According to reports, the class action wage and hour lawsuit was filed on ...

Commercial Leases: Exculpatory Clauses and Subrogation Interests

The law in Georgia is clear that a party may contract away liability to the other party for the consequences of his own negligence unless such an agreement contravenes public policy. Thus, under many circumstances a party may protect itself from ...

Religious Discrimination Lawsuit Filed Against Grocery Store

Title VII of the Civil Rights Act of 1964 prohibits discrimination “because of” your religious beliefs. It also protects you from harassment based on your beliefs or religious affiliation, or retaliation if you complain abut ...

Wage and Hour Lawsuits May Affect Tipped Employee Compensation

Two wage and hour lawsuits are making their way through the court system that could have a large imoact on how tipped employees are paid. Pursuant to the Fair Labor Standards Act (FLSA), employers may pay certain types of workers (such as waiters and ...

Commercial Leases: Midtown Glass Company, Inc. v. Levent Industries, Inc.

The most definitive case dealing with clauses surviving the expiration of a commercial lease can be found in the decision from the Court of Appeals of Georgia in a case this firm successfully handled. Midtown Glass Co., LLC v. Levent Indus., Inc. , ...

Teacher Wins Reverse Race Discrimination Jury Trial

Despite significant progress in race relations, race discrimination continues to affect many work places – whether its discrimination in hiring or promoting, or having to endure offensive comments or slurs. Fortunately, Title VII prohibits ...

How Do Wage and Hour Laws Apply to Telecommuting?

More and more Americans are telecommuting for work. This trend can be highly beneficial for both employers and employees. By allowing employees to telecommute, employers can save money on office space and employees may be more efficient with the ...

Commercial Leases: Clauses that Survive a Commercial Lease Expiration

Georgia law controlling the rights of a tenant after the expiration of a commercial lease is an area of the law that is only very recently expanding. This series of blog posts is designed to give you a brief summary of some of the issues that may ...

Requiring Extra Documentation May Constitute Immigration Discrimination

A recent case out of New York highlighted an issue that is prevalent throughout the country – immigration discrimination. Immigration discrimination encompasses those situations where an employer engages in a pattern or practice of ...

LinkedIn Settles Wage and Hour Lawsuit

The professional networking site LinkedIn has just agreed to pay $6 million in back wages and damages in a wage and hour lawsuit. More than 350 current and former employees sued the company alleging that it failed to pay workers the overtime ...

Sexual Harassment Claims May Arise As The Result Of Workplace Affairs

Inter office affairs have several serious consequences and may result in claims of harassment or discrimination. For example, sexual harassment claims may arise where one party feels pressure to become involved in a relationship in order to maintain ...

Wrongful Foreclosure, Confirmation, and Debtors' Remedies #5: LSREF2 Baron, LLC v. Alexander SRP Apartments, LLC

As an example of a successful claim for wrongful foreclosure that this firm handled, we have included the decision from the Federal District Court for the Northern District of Georgia, Atlanta Division. LSREF2 Baron, LLC v. Alexander SRP Apartments, ...

More Jurisdictions Are Adopting Unpaid Interns Laws

Legal news reports that New York State has now become the fourth jurisdiction to make it illegal for employers to “discriminate, harass, or retaliate or otherwise engage in unlawful employment practices,” against unpaid interns and those ...

President Obama Signs Executive Order Prohibiting LGBT Discrimination

President Obama has just signed an executive order making it illegal to discriminate against lesbian, gay, bisexual and transgender employees of federal contractors. The executive order contains two different parts. First, it provides that it is ...

Wrongful Foreclosure, Confirmation, and Debtors' Remedies #4: Bringing a Wrongful Foreclosure Claim

WRONGFUL FORECLOSURE, CONFIRMATION, AND DEBTORS' REMEDIES #4: Bringing a Wrongful Foreclosure Claim This post will provide an in depth analysis of what constitutes wrongful foreclosure and when a wrongful foreclosure claim may be brought. This ...

Overtime Pay Rate Determinations Should Include Per Diem Amounts

According to a recent statement by the Department of Labor, the number lawsuits resulting from “per diem” pay are on the rise. Per diem pay is pay that you receive in addition to regular pay, and covers certain reimbursable work-related ...

Wrongful Foreclosure, Confirmation, and Debtors' Remedies #3: The Confirmation Process and a Debtor's Rights

In this third article on commercial property foreclosure, this post will provide an in depth analysis of the confirmation process, a judicial process which follows most commercial property foreclosures. Confirmation is required in foreclosure ...

New Pregnancy Discrimination Guidelines Issued

The federal government has just issued new, expanded, guidelines concerning pregnant workers and workplace discrimination. The new rules provide that any workplace discrimination or harassment against pregnant workers constitutes illegal sex ...

Costly Wage And Hour Mistakes

A recent article looked at the top wage and hour mistakes employers make when paying employees. These mistakes may constitute costly Fair Labor Standards Act (FLSA) violation and entitle you to back wages and damages. If you believe that your ...

Wrongful Foreclosure, Confirmation, and Debtors' Remedies #2: A Creditor's Duties

In this second series on commercial property foreclosure, this article will examine a lender's duties to a debtor when preparing to sell and selling a debtor's foreclosed property. These duties are providing notice of the sale to the debtor, ...

Supreme Court to Hear Pregnancy Discrimination Case

The Supreme Court has just decided to hear argument concerning an significant question affecting many women across the nation: under what circumstances should an employer be required to provide “reasonable accommodations” to a pregnant ...

School Bus Company Settles Wage and Hour Lawsuit with Drivers for $1.6M

A school bus company – First Student, Inc. – has just agreed to settle a wage and hour class action lawsuit brought by its drivers based on alleged violations of the Fair Labor Standards Act (FLSA). According to the lawsuit, the bus ...

Wrongful Foreclosure, Confirmation, and Debtors' Remedies #1: Introduction

Georgia foreclosure law is a dense, complicated, and sometimes downright confusing area of the law. This series of blog posts is designed to provide commercial property owners a brief overview of the foreclosure process and the rights and duties of ...

Firing Employee Day After Complaining Of Sexual Harassment May Be Grounds For Retaliation

Often, workers fear complaining about work place harassment because they think they may be fired or face retaliatory conduct. The good news is that federal and state anti-discrimination laws have been written to protect employees from just that type ...

Wage and Hour Lawsuits More Prevalent in 2014

As the push for minimum wage increases continue, so too do wage and hour lawsuits. While McDonalds CEO Don Thompson has brought light to the issue of low wages, stating the he would support a bill increasing the minimum wage to $10.10, low pay and ...

President Obama Prepares To Issue Executive Order Barring Sexual Orientation Discrimination

Earlier this week President Obama issued a statement that he plans to issue an executive order barring federal contractors from discriminating on the basis of sexual orientation or gender identity. Such an order would be a significant step in ...

Minority Shareholders: Diluting Shares

DILUTING SHARES Throughout this series we will detail some of the common methods that majority shareholders use to destroy a minority shareholder's value in the company and what rights a minority shareholder has when this happens. In this post we ...

Employee or Volunteer?

The Fair Labor Standards Act (FLSA) protects employees in several different ways such as providing that workers be paid minimum wage and non-exempt employees be paid overtime at a rate of one and one-half times their standard rate of pay for each ...

The ADAAA Expands Definition of Disability

The Americans with Disabilities Act Amendments Act (ADAAA), was enacted five years ago with the goal of strengthening and broadening the Americans with Disabilities Act (ADA), which made it illegal to discriminate against workers with disabilities. ...

Retaliation For Complaining About Misclassification May Violate The FLSA

One of the goals of the Fair Labor Standards Act (FLSA) is to provide minimum protections to workers, such as minimum wage and overtime pay. In order to ensure that the workers can assert their rights, the FLSA also protects them from retaliation. ...

Minority Shareholders: Right to Corporate Records

RIGHT TO CORPORATE RECORDS Throughout this series we will detail some of the common methods that majority shareholders use to destroy a minority shareholder's value in the company and what rights a minority shareholder has when this happens. In ...

FLSA White-Collar Exemptions To Be Amended

The Fair Labor Standards Act, enacted in 1938, is an employee friendly law that sets forth certain standards that apply to nearly every U.S. employer. Two of its key provisions are the minimum wage and overtime compensation requirements. Pursuant to ...

Company May Be Held Responsible For Co-Worker Harassment

Many workplace discrimination cases involve the situation where a supervisor harasses or discriminates against an employee. However, what happens where the harasser is a co-worker? A recent employment discrimination case – Velazquez-Perez v. ...

"Unpaid" Summer Internships May Violate Federal Labor Laws

With the summer approaching, many college students seek out internships. Frequently these are “unpaid,” with the intended purpose that the student gain necessary experience in order to later obtain a paying job in his or her field of ...

Minority Shareholders: Withholding of Dividends and the Tax Burden it Creates

WITHHOLDING OF DIVIDENDS AND THE TAX BURDEN IT CREATES Throughout this series we will detail some of the common methods that majority shareholders use to destroy a minority shareholder's value in the company and what rights a minority shareholder ...

Failure To Promote Muslim Man May Be Grounds For Discrimination

In the last several years since 9/11, the United States has witnesses an increase in anti-immigrant sentiment – with the unfortunate by-product being a dramatic rise in the number of national origin discrimination lawsuits. The EEOC explains ...

Number Of Wage And Hours Cases Increases For 7th Straight Year

For the seventh year in a row, the number of wage and hour lawsuits filed by employees against their employers has increased. According to a recently released report by the federal government, more that 8000 Fair Labor Standards Act (FLSA) lawsuits ...

Who Is An Employer Under The ADEA?

A seemingly straightforward question has serious implications in many employment contexts – and can determine your right to recover damages if you have suffered illegal discrimination. That question – “who is your employer?” ...

Business Owner Found Personally Liable For Overtime Pay Violations

Recently, the Second Circuit Court of Appeals ruled that the owner of a business could be held personally liable for damages resulting from violations of the Fair Labor Standards Act (FLSA). The FLSA provides employees certain protections, including ...

Use of Drug Tests Found to Have "Disparate Impact"

In certain circumstances a company or business may have a policy that seems to be neutral, but upon closer look may in fact be discriminatory. This may be because the policy or practice has a “disparate impact” that negatively affects a ...

Failure To Stop Customer Harassment Of Workers May Consitute Employer Negligence

Can your employer be held liable for failing to adequately respond to offensive conduct by customers towards workers? The U.S. Court of Appeals for the Fourth Circuit has ruled yes. In Freeman v. Dal-Tile Corp. , the court ruled that a black female ...

Wage Laws and Tipped Workers - What Are Your Rights?

Several sources have reported that wage and hour lawsuits are on the rise, often as the result of violations of the Fair Labor Standards Act (FLSA) and/or state labor laws. Many times, these lawsuits arise concerning how “tipped workers” ...

Minority Shareholders: Wrongful Termination & Tortious Interference with Business Relations

WRONGFUL TERMINATION & TORTIOUS INTERFERENCE WITH BUSINESS RELATIONS Throughout this series we will detail some of the common methods that majority shareholders use to destroy a minority shareholder's value in the company and what rights a ...

Overtime Compensation And Sleeping On The Job

A recent overtime lawsuit raised an interesting question – what employment laws apply when workers are required to “sleep on the job”? The Fair Labor Standards Act (FLSA) provides workers many protections, including requiring that ...

Is Your Physical Presence at Work an Essential Job Function?

The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) protect certain qualified individuals with disabilities from discrimination at work. This means that your employer cannot take negative actions ...

Example of the Minority Squeeze Out in Action

The following is a ruling I received from the Georgia Court of Appeals regarding a classic minority squeeze out scenario. I have included this Order because it provides a very useful summary of all the typical claims and defenses which are raised in ...

Your Employer Must Pay You What You Deserve: Consenting to "not" be paid overtime wages violates FLSA

A recent wage and hour lawsuit underscored an important point – if you are a non-exempt employee and you work overtime, you must be paid overtime pay at one and one half times your standard rate of pay – even if you consent not to be paid ...

Derogatory Comments By Manager Could Be Grounds For Claim of Retaliation

A recent case evaluated whether alleged comments by a white human resources manager could be used as evidence to support a claim for retaliation. In Willis v. Cleco Corp., a black worker – Gregory Willis – filed a race discrimination and ...

Minority Shareholders: Their Rights and the Problems They Face

INTRODUCTION TO THE "SQUEEZE-OUT" In many small companies the individual or group who own the majority of stock shares may try to remove the minority shareholder from the company or reduce his or her ownership percentage. This desire to ...

Are Pre-Employment Credit Checks Discriminatory?

Did you have to submit to a credit check when you applied for a job? Many employee advocates are pushing to have such practices banned as potential employment discrimination. As explained by one observer – “How can you pay your debt if ...

Are The McDonald's Corporation and Franchise Owners "Joint Employers"?

Seven class action Fair Labor Standards Act (FLSA) lawsuits are pending against McDonald’s Corporation and numerous McDonald’s franchises alleging wage and hour violations. The FLSA requires that employers pay at least minimum wage and ...

Essential Functions of One's Job Not Dependent Exclusively on Stated Job Requirements

The question of what constitutes an “essential function” of one’s job is a pivotal inquiry in many disability discrimination cases filed under Americans with Disabilities Act, as amended by the ADAAA Amendments Act of 2008 ...

New Child Labor Laws Proposed

The Fair Labor Standards Act (FLSA) is one of the oldest federal employment laws. The FLSA sets forth certain requirements that impact nearly every employee who works for a wage in the United States. These requirements include the minimum wage ...

11th Circuit Remands Case to Determine What Is an Essential Function Under the ADA

A recent disability discrimination case evaluated whether a Type 1 insulin-dependent diabetic man could maintain his claim for disability discrimination against Federal Express Corporation “FedEx” under the Americans with Disabilities Act ...

Pressure Increases To Pass ENDA

In a call for legislators to pass the Employment Non-discrimination Act (ENDA), Vice President Biden called employers’ ability in some states to fire employees because of their sexuality “barbaric” and “bizarre” during a ...

President Obama Seeks To Amend FLSA

President Barack Obama has just released a Presidential Memorandum directing the Secretary of Labor to “propose revisions to modernize and streamline the existing overtime regulations” aimed at revising the federal Fair Labor Standards ...

California Supreme Court Hears Meal And Rest Break Case - Brinker v. Superior Court - Could Affect Workers Across The Country

A case being considered by the California Supreme Court has the potential to affect meal and rest breaks for all nonunion employees. At issue in Brinker v. Superior Court is whether an employer must ensure that hourly employees take breaks. ...

McDonalds Workers Filed Wage and Hour Claims

McDonald’s workers in 3 states have filed wage and hours lawsuits against the fast food giant – including both the company and several franchise owners. The lawsuits allege numerous Fair Labor Standards Act (FLSA) violations, including ...

Do You Know The Facts About Religious Discrimination?

The federal government has just released new documents meant to help employees who may have questions concerning employment discrimination – specifically religious discrimination in the work place. These articles are meant to provide general ...

Delivery Drivers Settle FLSA Misclassification Lawsuit

One of the areas that creates a significant amount of confusion – and litigation – in employment law is the issue of misclassification. Misclassification refers to the practice of identifying workers who should be considered ...

Muslim Man Wins Religious Discrimination Verdict

Recently, a jury awarded a Muslim man $1.1 million in an employment and religious discrimination case. This represents one of the largest employment law verdicts for a Muslim American. According to the lawsuit, the man came to the United States from ...

Are Workers Entitled To Pay For Time Spent Waiting To Go Through Security Checkpoints At Work?

The U.S. Supreme Court has agreed to hear a case filed by Nevada workers alleging FLSA violations. In Integrity Staffing Solutions v. Busk, workers who spent time filling Amazon.com orders, have alleged that the Fair Labor Standards Act requires that ...

Amazing Race Contestants File Employment Discrimination Lawsuit

News reports that two former contestants on the Amazing Race have filed an employment discrimination lawsuit alleging that they were not hired due to their race and religion. Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate ...

Reality TV Writers Seek Overtime Protections

Reality TV now makes up a large percentage of the shows Americans watch. However, unlike network show where most writers are protected by collective bargaining agreements, many reality TV writers lack these protection. As a result, like most workers, ...

Iraq Veteran Excluded from Hiring List May Have USERRA Claim

Individuals who sign up for the military are prepared to make significant sacrifices to defend our country. However, losing your job or being denied an employment opportunity as the result of your dedication should not be one of them. National guard ...

Is Attendance an Essential Function of Your Job?

If you take a leave of absence from work because of a disability, do you know if you are entitled to return to your job? Your employment rights depend on a variety of factors, so it is always important to check with an experienced Atlanta employment ...

Improper Tip Pooling Leads To Significant Wage And Hour Lawsuit

Recently, a popular sports bar chain agreed to pay millions of dollars to settle a wage and hour claim. The back wage lawsuit arose as the result of the bar’s improperly withholding tips from waiters and bartenders. Additionally, the lawsuit ...

How Will The Federal Minimum Wage Hike Affect You?

Beginning next January 2015 home health care workers will be covered by the Fair Labor Standards Act. This change in the law will affect the nearly 2 million home care workers who make up one of the fastest-growing occupations in the country. ...

A Claim For Retaliation May Exist Where A Friend Is Fired

While most people are aware that it is illegal to discriminate on the basis of sex, race or religion, many people do not realize that it is also against the law to retaliate against someone who makes such claims. This is true even if a court ...

Passing ENDA and the Pay Check Fairness Act Would Benefit Workers

In President Obama’s 2014 State of the Union address, he set forth an agenda promising to make 2014 a year of action. He also expressed his commitment to civil liberties and civil rights. Included in his goals was pay equity for women and ...

Undocumented Workers Protected by the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) sets forth federal guidelines that affect nearly all employers concerning overtime pay and minimum wage requirements. For example, the FLSA requires that workers be paid at least minimum wage and overtime pay at a ...

Should you be compensated for time spent putting on and taking off protective gear?

A recent case heard before the U.S. Supreme Court evaluated when your employer must compensate you for putting on/taking off different required types of work gear. The questions involves what is called “donning and doffing” (taking on and ...

Age Discrimination Cases On The Rise

While most people are familiar with laws that make it illegal to be fired based on your race, gender, religion or even age, they may not realize that the failure to hire for these reasons may also be considered employment discrimination. A recent ...

How Will The Federal Minimum Wage Hike Affect You?

During this week’s the State of the Union address President Obama revealed his plan to hike the minimum wage to $10.10/from $7.25 for federal employees through the use of an Executive Order. Obama stated, “Today, the federal minimum wage ...

A Temporary Impairment May Be Considered a Disability

A recent disability discrimination lawsuit determined that impairment, even if temporary may be considered a disability under the ADA Amendments Act. The issue came up in a case where an analyst was fired after he injured both his legs so that he ...

Many Different Actions May Constitute Race Discrimination

Despite advances in race relations, unfortunately work place discrimination and harassment continues to exist throughout the country. A recent case evaluated the situation of a white worker who alleged he was fired because he was engaged to a black ...

Wage and Hour Lawsuits Predicted to Increase in 2014

As with recent years, wage and hour lawsuits continue to be one of the most rapidly growing areas of employment litigation. Wage and hour lawsuit often arise out of the situation where employers either accidetntally or intentionally fail to pay ...

What constitutes sexual harassment?

Sexual harassment is one of the most frequent discrimination claims. However, what actions may be considered harassing behavior vary. The courts are constantly struggling to define what sexual harassment is and what it is not, and sometimes the ...

Court Determines Exotic Dancers Are Employees

A Georgia federal court has determined that a group of exotic dancers who are suing a strip club for alleged wage-and-hour violation are employees under the Fair Labor Standards Act (FLSA) rather than independent contractors. In this wage and hour ...

Temporary Illnesses or Conditions May Be Covered by the ADA/ADAAA

When does an illness or condition constitute a disability that is covered under the Americans with Disabilities Act (ADA) or the Americans with Disabilities Act Amendments Act (ADAAA)? In a recent case, Gogos v. AMS Mech. Sys., Inc. , a pipe welder ...

Minimum Wage to Increase in 13 States

With the coming new year, 13 states will be increasing their minimum wage. Although Congress failed to raise the federal minimum wage, these states have taken action to improve the pay of many minimum wage workers. And another 11 states and the ...

Owner May be Liable for Race Discrimination Under "Joint Employer" Theory

A recent race discrimination case looked at who should be held responsible for alleged discriminatory actions at a construction site. In EEOC v. Skanska USA Bldg. , Inc. a group of black workers hired by a subcontractor brought a claim for ...

Wage and Hour Requirements in Bad Weather

With winter upon us, many workers miss work or arrive late due to bad weather conditions. Do you know your company’s policies if you’re late as the result of bad weather, or if your company closes unexpectedly? Understanding your rights ...

Supreme Court May Hear FLSA Case Finding Owner Personally Liable For FLSA Violations

The owner of grocery chain Gristedes Foods Inc. has asked the U.S. Supreme Court to overturn the recent decision finding him personally liable as an “employer” under the Fair Labor Standards Act. (FLSA) This summer, A New York court ...

Applicant Who Was Denied Interview At Weight Watchers Can Proceed with Pregnancy Discrimination Claim

A woman who was pregnant may be able to maintain an employment discrimination lawsuit against weight watchers. In EEOC v. The WW Group, a pregnant woman filed a claim against Weight Watchers after they failed to grant her even an interview. The woman ...

2013 Marks 75th Anniversary of FLSA

This year marks 75 years since the Fair Labor Standards Act (FLSA) was passed. Although most workers have benefitted from this and other anti-discrimination legislation, many employees still suffer from discrimination and other work place inequities. ...

Woman with Perfume Sensitivity May Be Able to Bring Disability Discrimination Lawsuit

A recent disability discrimination case examined the actions of a jail dentist. In Mitter v. Cnty. of DuPage, a nurse alleged that the jail dentist planted strongly perfumed objects around his office, despite her claims she had extreme sensitivity to ...

Frito-Lay Settles Overtime Pay Case

Frito-Lay has just agreed to pay a $1.6 million to settle and wage and hour lawsuit filed on behalf of current and former employees. The employees involved in the Fair Labor Standards Act (FLSA) lawsuit were in charge of delivering Frito-Lay products ...

Woman Who Was Fired For Wearing Sword To Work May Have Claim For Religious Discrimination

The Fifth Circuit Court of Appeals has determined that an Internal Revenue Service agent – Kawaljeet Tagore – may be able to bring a religious discrimination claim under the Religious Freedom Restoration Act (RFRA) against the government ...

When Should You Get Paid For Putting On And Taking Off Work Attire?

In the ongoing discussion of when employers must pay you for time spent putting on and off protective work clothing, the U.S. Supreme Court recently evaluated under what circumstances employers are required to treat as compensable the time employees ...

Worker With 'Crying Spells' After Daughter Was Raped Can Bring FMLA Claim

It’s not easy to juggle the demands of work and family life. What happens If a family member gets sick or if you or your spouse need to take time off to care for your new baby? What options exist? In some situations, an employer may have short ...

Employers May Be Held Personally Liable For Overtime Wage And Pay Violations

The federal government wants to make sure you get paid what you deserve and that your employer is not taking advantage of you. In fact – the federal government is so employee friendly that in certain situations it will find public officials ...

ENDA Moves Closer To Becoming A Reality

The Senate has taken an initial step to pass the Employment Nondiscrimination Act (ENDA), which would ban workplace discrimination on the basis of sexual orientation or gender identity. ENDA seeks to prohibit an employer from refusing to hire, fire, ...

Police And Firefighters Entitled To Overtime Based On How They Divide Their Duties At Work

A recent 11th Circuit case has determined that employees who spend time on both firefighting and law enforcement duties are entitled to overtime based on how they divide their time on each duty. Generally, under the FLSA, employers must pay employees ...

Age and Gender Discrimination Claim Filed Against Real Estate Giant

A multi-million dollar age and sex discrimination lawsuit has just been filed against real-estate giant Cushman & Wakefield. According to sources, the discrimination lawsuit was filed in New York state court and alleged that the company failed to ...

Exotic Dancers Allege Misclassification

One of the biggest issues that arises in wage and hour litigation is misclassification – such as when you’re employer labels you an “independent contractor” instead of an employee or a “non-exempt employee,” ...

Reduction In Force or Racially Motivated Termination?

Many times workers face the difficult situation of being laid off as the result of a “reduction in force.” But how do you know if that reduction in force is really masking employment discrimination? In a recent case – Rachells v. ...

Undocumented Workers Entitled To Overtime Pay

Several cases around the country have reached the same determination – undocumented workers are protected by the Fair Labor Standards Act (FLSA). This means that even if you are lack the necessary legal documents to work, your employer cannot ...

Retaliation Claims Valid Where Employees Have A Reasonable Belief That Discrimination Occurred

Along with the many various types of employment discrimination claims that exist – such as sex discrimination, religious discrimination, and age discrimination, Title VII and the other discrimination laws also prohibit retaliation by your ...

Did Amazon Violate Overtime Pay Requirements By Not Paying Warehouse Employees For Required Screenings?

The Fair Labor Standards Act (FLSA) provides that all non-exempt workers must be paid overtime at a rate of one and one-half their standard rate of pay. This straightforward sounding rule can be confusing to many, and is the source of a significant ...

Human Resource Manager's Comment Could Be Proof Of Discrimination

As a result of the post-9/11, anti-immigrant atmosphere that has become widespread in the U.S., the EEOC has witnessed a dramatic increase in the number of employment discrimination charges alleging national origin discrimination. As the EEOC ...

Is Your Employer Complying With The FLSA and Notice Provisions Of The Affordable Care Act?

Do you know what the Affordable Care Act (ACA) means for you? Has your employer properly notified you of your rights as required? The first phase of the ACA began October 1, 2013 with open enrollment for health insurance though the Health Insurance ...

Following Federal Government's Extension of Overtime Benefits To Home Health Care Aides, California Signs Law Granting Overtime Pay To Domestic Workers

After decades of being mistreated under the law, domestic workers are finally being recognized for their hard work and long hours. Recently, the White House announced that these workers will finally be included under the Fair Labor Standards Act and ...

Reasonable Accommodations May Not Have to Be Essential to Allow a Worker to Perform Job

The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendment Act (ADAAA) protect individuals with “disabilities” from discrimination. Specifically these anti-discrimination laws prohibit discrimination ...

Woman Allowed to Maintain Claim of "Regarded As" Disability Discrimination After Termination

In order to combat various forms of employment discrimination at work, Congress passed Title VII of the Civil Rights Act of 1964. While this law makes certain forms of discrimination illegal such as race, color, sex and national origin it does not ...

Overtime And Minimum Wage Protections Extended To Home Health Care Aides

In a victory for home health care workers, the White House has just announced that these workers will finally be entitled to minimum wage and overtime protections. For 38-years, these workers have been denied the same protections granted to almost ...

College Athletes Determined to Be Employees By NLRB

Recently, the National Labor Relations Board ruled that the college football players at Northwestern should be considered “employees” of the University and entitled to organize. This decision may have significant implications for college ...

Should You Be Paid If You Work Through Your Breakss?

Do you routinely have to work through your breaks? If you are not paid for time worked through breaks you may be entitled to back pay under the Fair Labor Standards Act (FLSA). The FLSA requires that all non-exempt workers be paid overtime at a rate ...

Failure To Act On Complaints Of Racial And Sexual Harassment May Lead To Substantial Liability

Unfortunately, racism is still alive and well in our society. The news regularly reports stories of nooses on factory floors and crude racist jokes being circulated through company email systems. Fortunately, Title VII prohibits employers from ...

Fight For Minimum Wage Increase Gains Steam

The fight for minimum wage increases has been gaining steam, with a recent wave of protesters targeting employers such as Wal-Mart. This past week organizers in 15 cities throughout the United States demanded that Wal-Mart pay its employees at least ...

Attorney Told You're Just "Not That Pretty" Can Bring Claim Of Sex Bias

A federal judge has just ruled that a female attorney whose superiors told her she was just “not that pretty” can bring a claim for sex bias against her employer, the city of Evanston. Unfortunately despite advances in work place ...

San Francisco Giants Agree To Pay Back Wages Following Allegations Of FLSA Violations

Following charges that the San Francisco Giants failed to pay 74 clubhouse and administrative employees all the compensation they were entitled to, the team has agreed to pay nearly $545,000 in back wages and damages. The 74 clubhouse and ...

Employer May Be Required To Allow Disabled Employee To Telecommute

Many times, workers may suffer from a serious condition that interferes with their ability to perform a major life activity. However, despite the existence of that condition, he or she may still be able to work with as long as a “reasonable ...

American Woman Files Reverse National Origin Discrimination Claim Against Indian Company

While many federal labor laws were initially adopted in order to prevent discrimination against minorities and women, these laws also work to prevent “reverse discrimination.” Thus, although Title VII was initially thought to be limited ...

Strippers File Overtime Compensation Lawsuit For Violations Of Federal Labor Law

A recently federal wage and hour lawsuit was filed on behalf of a strip club dancer against The New Dollhouse, formerly the Crazy Horse, alleging violations of minimum wage and overtime compensation laws. According to the lawsuit, the club treats the ...

Discriminatory Comments Made After Termination Can Be Used As Direct Evidence Of Bias

The Sixth Circuit Court of Appeals — which includes Kentucky, Michigan, Ohio and Tennessee — has just determined that a supervisor’s “age related” comments made after a worker was fired could be considered direct ...

Unpaid Volunteer Files Unpaid Wage Lawsuit Against MLB

News reports that a volunteer of the 2013 All-Star FanFest has filed an unpaid wage lawsuit against Major League Baseball (MLB) for unpaid wages. According to the wage and hour lawsuit, more than 2000 unpaid volunteers were instrumental in getting ...

"Creepy" Conduct By Co-Worker May Be Grounds For Sexual Harassment Claim

A recent case out of Alabama reviewed the situation where a co-worker’s “creepy” actions created such a difficult situation that a jury could consider it a “hostile work environment.” In Hollis v. Town of Mount Vernon, a ...

What Constitutes "Sufficient Notice" To An Employer Of Sexual Harassment?

Sexual harassment is one of the most well-known forms of employment discrimination. But what happens if you’re a victim of sexual harassment at work? Do you know who to tell? When does your employer need to act? A recent employment ...

What Constitutes "Sufficient Notice" To An Employer Of Sexual Harassment?

Sexual harassment is one of the most well-known forms of employment discrimination. But what happens if you’re a victim of sexual harassment at work? Do you know who to tell? When does your employer need to act? A recent employment ...

Death Threats Against Pro-Obama Worker Could Be Racially Motivated

Unfortunately, a significant amount of racism surfaced during President Obama’s first campaign, as well as his second campaign against Mitt Romney. In a particularly offensive race harassment case, an Ohio worker suffered numerous hostile ...

Exempt Or Non-exempt? Failing To Classify Workers Correctly May Violate The FLSA

Determining whether a worker is exempt v. non-exempt is one of the more crucial decisions employers can make. If a worker is categorized as “non-exempt” the Fair Labor Standards Act (FLSA) provides that that employee must be paid overtime ...

Independent Contractor Or Employee?

One of the more difficult questions in employment law – and one that gets employers in a lot of trouble – is are you an employee or an independent contractor? Recently, the 11th Circuit Court of Appeals determined that a Florida District ...

Sexaul Harassment Claim Allowed Based On Spankasaurus And Gabbygail Comments

Being called names by your supervisor can lead to valid claims of a hostile work environment. Similar to last week’s post concerning a female detective referred to as “

Referring To A Female Police Officer As "That Chick Cop" May Be Sexual Harassment

A Connecticut court has just determined that a female police officer can advance her claims of sex discrimination and sex harassment. One of her primary complaints – the police chief repeatedly referred to her as that “chick cop.” ...

Justice Ginsburg Calls On Congress To Intervene After Employment Discrimination Ruling

This past week, the Supreme Court issued its decision in an employment discrimination case that may have far reaching consequences. In Vance v. Ball State, the nation’s highest court defined who is a “supervisor.” This issue arose ...

75th Anniversary Of FLSA Highlights Need For Increase In Minimum Wage

This year marks the 75th anniversary of the Fair Labor Standards Act (FLSA). Enacted in 1938, the FLSA provides certain minimum wage and overtime standards that apply to nearly all U.S. employers. The act covers areas such as child labor labor laws, ...

Age Discrimination Cases On The Rise

It’s undeniable – the country’s work force is aging. Workers are staying in their jobs longer and retiring later. Many baby boomers are re-entering the work force at an older age both as a means to make ends meet and to stay active. ...

Arthritis May Be Considered a Disability for Purposes of the ADA/ADAAA

The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) protect qualified individuals with disabilities from discrimination. This definition can be confusing to some, particularly figuring out who is ...

Court Decides That Unpaid Interns Were Really Employees In Fox Searchlight Case

A New York judge has just determined that Fox Searchlight violated minimum wage and overtime laws by having unpaid interns work on the movie “Black Swan.” Companies may hire “unpaid interns” and have them do a variety of ...

Is Lactating A Medical Condition Of Pregnancy?

In an attempt to avoid charges of discrimination under the Pregnancy Discrimination Act, a Houston area employer argued that lactation was “not a medically related condition of pregnancy.” The appellate court flatly rejected this ...

Workplace Sex Discriminiation Still Prevalent

A recent sex bias case out of Louisiana shows that unfortunately, sexism is still alive and well in the workplace. Despite some progress being made toward gender equality – sexist jokes, harassment and biased attitudes still affect many women ...

Rules To Know Before You Agree To An Unpaid Internship

Summer is nearly here and with the season comes an annual influx of students looking for internships. Before you take a job as an intern – either paid or unpaid – it’s critical to understand the laws affecting these positions. If ...

FLSA Lawsuits On The Rise

News reports that a record high number of wage and hour lawsuits have been filed thus far in 2013. According to a recent survey, the tally of new Fair Labor Standards Act (FLSA) cases has risen above 7,700, a new record. The FLSA is an employee ...

First Class Action GINA Lawsuit Filed

The Equal Employment Opportunity Commission (the EEOC) has just filed its first class action Genetic Information Nondiscrimination Act (GINA) lawsuit against a New York nursing home. GINA is a recently enacted federal law that prohibits an employer ...

Court Finds That Nurse Who Was "Pantsed" May Have Workplace Harassment Claim

What some workers may consider “goofing around” or “horse play” can have serious consequences. In a recent case out of Mississippi, a nursing home supervisor pulled down the pants and underwear of a nurse in front of several ...

Gender Identification Bill Reintroduced

A new version of an anti-employment discrimination bill has just been re-introduced seeking to eliminate employment discrimination based on sexual orientation and gender-identity. The reintroduced Employment Non-Discrimination Act (ENDA) would ...

Workers To Receive Back Pay Following National Origin Lawsuit Settlement

Employment law news reports that the Equal Employment Opportunity Commission (“EEOC”) has just settled a national origin discrimination lawsuit against a Japanese company. According to allegations, the corporation paid its Hispanic ...

Muslim Teen Allegedly Denied Job Because Of Head Scarf May Have Claim For Religious Discrimination

The popular clothing store Abercrombie & Fitch, often in hot water for its advertising campaigns, now finds itself facing legal troubles. A Muslim teenager was turned away for employment by the retailer after wearing a religious headscarf to a ...

Bill To Amend FLSA May Give Employers More Control Over Overtime Pay

Recently a House Bill aimed at amending the Fair Labor Standards Act (FLSA) was introduced to a U.S. Congressional Committee. The FLSA as it is currently written is already one of the more pro-worker federal labor laws in existence. Although the FLSA ...

A Single Instance Of Harassment Can Be Enough To Constitute A Hostile Work Environment

Despite improvements in race relations over the last several decades, many instances of racism still exist in the workplace. Two different federal laws exist that protect against race discrimination in the workplace – Title VII of the Civil ...

Fair Labor Standards Act Protects Your Right To Overtime Compensation

House republicans are set to consider legislation that may weaken your right to overtime compensation under federal law. The Fair Labor Standards Act (FLSA) is one of the oldest federal labor laws, setting forth certain minimum wage and overtime ...

Female Basketball Referee Brings Case For Bias

Recently a female basketball referee from New Jersey brought a lawsuit against the local school district and the state scholastic association alleging that she was being illegally discrimination against because of her sex. According to her sex ...

Getting to Work on Time Isn't Always an Essential Job Function Under the ADA

In many situations, workers may sustain certain types of injuries or have a legally defined disability, but still be able to perform many of the functions of their job with some slight adjustments. The Americans with Disabilities Act (the ...

Is It Sexual Harassment? The Answer Often Depends On The Particular Facts Of Each Situation

When you think about sexual harassment, the first thing that comes to mind for many people is a male boss making inappropriate comments, gestures and other sexual overtures toward a female employee. However, sexual harassment can exist in many ...

Male Worker Successfully Alleges Claim Under Equal Pay Act

In a recent Georgia pay discrimination case, the U.S. Court of Appeals for the Eleventh Circuit determined that a male was entitled to proceed with his claim. The Fulton County, Georgia community development specialist alleged that he was paid less ...

Should Your Employer Pay You For Time Spent Changing Your Clothes?

A hotly contested topic around the country is whether workers should be paid for time spent changing their clothes. A failure to pay an employee for all of the time-spent working may be a violation of the Federal Labor Standards Act (FLSA). Under the ...

Your Employer May Need To Pay You For Time Spent On Your Smartphone

For many workers, time spent working doesn’t end when they leave the office. With the increased usage of smart phones, employers may be able to reach workers at all hours. Workers may feel reluctant to ignore a late night or weekend email from ...

Employment Practices May Be Considered Gender Disricimination

Many times when workplace discrimination occurs its subtle. For example sex discrimination doesn’t necessarily include an overt statement or action – such as groping or other obvious sexual actions – but may rather exist in a ...

Company's Excuse That It Fired Employee for Insubordination Could Be Considered "Pretext"

It’s easy to imagine a work situation where a company decides it wants to fire a worker wrongfully – such as because of their gender, age or nationality. Fortunately employment laws rightfully prohibit a company from doing so. In legal ...

President Obama Calls For Minimum Wage Hike

President Obama’s State of the Union Address included a call for an increase in the Federal minimum wage – placing a renewed emphasis on the critical issue of making ends meet for many working Americans. Obama has asked Congress to raise ...

Man Called "Borat" Can Bring A Claim For National Origin And Race Discrimination

A man who was repeatedly subjected to name-calling could bring a claim for racial and national origin discrimination. According to a federal judge in Zayadeen v. Abbott Molecular, Inc. , a Jordanian-American man who was routinely called ...

FMLA Leave Covers Care of Children Regardless Of Age Disability Begins

The Wage and Hour Division of the Department of Labor has just issued an important opinion regarding the Family and Medical Leave Act. Officially entitled Administrator’s Interpretation No. 2013-1, the WHD has determined under the FMLA, an ...

Do Start Ups Need To Pay Their Employees Overtime Compensation?

The combination of the sluggish economy and advances in technology has led to an increase in the number of “start-ups” – new entrepreneurial ventures that are often started with little capital. Start-ups face certain unique ...

What Is An Essential Function Of Your Job?

What is an essential function of your job? The answer may affect your ability to bring a disability discrimination lawsuit. A basic rule of the federal anti-disability discrimination law (the ADA and the ADAAA) is that employers are prohibited from ...

How Does A Natural Disaster Impact Your Take Home Pay?

What happens if you are scheduled to work and a hurricane strikes, or your office building floods, or the weather prevents you from getting to work? Are you entitled to be paid when a natural disaster keeps you from putting in the hours planned? A ...

Hospital Worker Fired For Refusing Flu Shot Due To Vegan Beliefs Can Sue Hospital for Religious Discrimination

Title VII of the Civil Rights Act of 1964 Act prohibits religious discrimination. This federal anti-discrimination law means your employer may not discriminate against you “because of” your religious beliefs. The law also prohibits ...

What Constitutes Retaliation In A Fair Labor Standards Act Case?

The Federal Fair Labor Standards Act (FLSA) provides certain minimum wage and overtime standards that apply to nearly all U.S. employers. Pursuant to the FLSA, employers must pay workers at least minimum wage ($7.25/hour, although in some states the ...

Repeated Racial Slurs And Threatening Behavior Constitute Race Harassment

Unfortunately race discrimination in the work place continues to exist well into the 21st Century despite efforts to improve the working conditions for all employees. In order to help get rid of racism in the workplace, lawmakers enacted federal ...

Race Discrimination Lawsuit Allowed Under Cat's Paw Theory

An African American was allowed to continue her race discrimination lawsuit, which also included claims of harassment and retaliation based on a legal theory called “cat’s paw”. The cat’s paw theory includes those situations ...

Medical Assistant May Bring Sexual Discrimination Claim Against Employer

A recent Pennsylvania case looked at whether a medical assistant who was subjected to three days of sexual overtures by a doctor who worked for her employer could go to trial on claims of sexual harassment and retaliation. The court determined she ...

Unpaid Volunteers Entitled To Legal Protection From Discrimination

Can you bring a sexual discrimination lawsuit if you are a volunteer? Yes said the 7th circuit court in a recent sex discrimination, sexual harassment, and retaliation case involving unpaid volunteers. The court in Volling v. Antioch Rescue Squad ...

Man Fired After Complaining About Clocking In May Maintain Lawsuit For Retaliation

According to a recent federal lawsuit, a worker who kept forgetting to punch in for work but had an excellent attendance record showed could bring a claim for retaliation under the Fair Labor Standards Act (FLSA). In Kasten v. Saint-Gobain ...

Class Action Gender Discrimination Lawsuit Filed By Female Lawyers At Major Law Firm

A large class action gender discrimination lawsuit has just been filed against a high profile law firm. The lawsuit Francine Friedman Griesing v. Greenberg Traurig, LLP, includes 215 women, was filed after the federal Equal Employment Opportunity ...

Who's The Boss? Supreme Court Set To Define Who Is A Supervisor In Employment Discrimination Cases

On Monday the U.S. Supreme Court heard argument concerning a seemingly easy question – Who’s is a supervisor? However, the Court’s decision in Vance v. Ball State University is likely to have a significant impact on future ...

Overtime Pay Lawsuits On The Rise

A new lawsuit alleging violations of the Fair Labor Standards Act (the “FLSA”), including the failure to pay required overtime compensation has been filed by two Charlotte bankers. The wage and hour lawsuit alleges that the bankers were ...

Policy To Automatically Fire Employees After Using Up Leave Violates ADA

Your employer cannot automatically fire you once you have used up your leave, a U.S. District Court in Colorado has determined. The Equal Employment Opportunity Commission (EEOC) has just settled a $4.85 million lawsuit with the nationwide trucking ...

States Seek To Extend Overtime Laws To Protect Farm Workers

The California legislature has passed a bill that seeks to extend overtime pay protections – such as those contained in the Fair Labor Standards Act (FLSA) – to state farm workers. If passed, these protections could serve as a model for ...

Leave May Be Considered A Reasonable Accomodation Under The ADA

Can leave be considered a “reasonable accommodation”? At a recent labor and employment conference, an employers’ duty toward workers with injuries was discussed. Calling the “American with Disabilities Act” (the ADA) an ...

Male Principal May Have Claim For Sex Discrimination And Harrassment Against Female Employees

Although many people traditionally think of sex discrimination or sexual harassment cases as those that involve a woman receiving unfavorable treatment at work or being subjected to unwanted advances by a male – claims for sex discrimination or ...

Investigation Begins Into Potential Wages And Hour Violations At Forever 21

News reports that the Department of Labor has begun an investigation into the working conditions at the popular clothing store Forever 21. The United States DOL Wage and Hour division announced that they have filed an action requiring Forever 21 to ...

What Is Illegal Retaliation Under The Fair Labor Standards Act?

Companies that retaliate against workers for complaining about pay practices may be violating the Fair Labor Standards Act. Retaliation includes such actions as firing, failing to promote, transferring to a worse location or one of many other ...

Supervisor Stating I'm "Going To See To It" That Worker Retires When He's 62 May Be Direct Evidence Of Age Discrimination

A recent case determined that a trucking firm operations manager could bring a claim for age discrimination. In Hale v. ABF Freight Sys. Inc. , D. Archie Hale filed an employment discrimination lawsuit against the trucking firm based on his ...

Obesity May Be Covered By The Americans With Disabilities Act or the Americans With Disabilities Act Amendments Act

Just who may be covered by the Americans with Disabilities Act (ADA) or the Americans with Disabilities Act Amendments Act (ADAAA) is not always clear. But, answering this question is crucial. The ADA/ADAAA protects qualified individual with ...

Employee Misclassification Common Violation Of FLSA

A high-end childcare center has been found in violation of federal overtime compensation laws. According to news reports, Crème de la Crème, has been ordered to pay back wages to more than 350 current and formers workers based on ...

Is Telecommuting Considered An Accommodation Under The Americans With Disabilities Act?

With the proliferation of technology making in possible is many situations to telecommute, disabled workers may wonder if a request to work remotely should be considered a “reasonable accommodation” under the Americans with Disabilities ...

Female Workers Face Challenges From Over And Under Employment

A recent Op Ed piece in the New York Times raises an interesting point – although high earning women and low wage earning women seem to have different problems, the issues they face as the result of the way the Fair Labor Standards Act (FLSA) ...

Supreme Court Set To Consider 4 Employment Discrimination Cases

On October 1, the Supreme Court opened its new term with four cases on the docket that may influence employment law and impact employment discrimination cases. As top Georgia employment lawyers concerned about the employment litigation, the ...

Transfer For Medical Treatment Determined To Be A Reasonable Accomodation

In a case of first impression, a New Mexico court looked at whether a woman could sustain a case under the federal Rehabilitation Act after her employer denied her request to transfer her from her position in Texas to one in New Mexico to facilitate ...

English Only Laws May Constitute National Origin Discrimination

Many times discrimination is blatant. Other times a policy may not appear to be discriminatory on its face, but on closer examination the effect is to discriminate against a certain group. Either instance may lead to a successful discrimination case. ...

Employers May Be Required To Transfer Disabled Workers To Vacant Positions

If you can’t do your job because of a disability, your employer must transfer you to a vacant position you are qualified for, a recent disability discrimination case determines. In EEOC v. United Airlines Inc. , the 7th Circuit reversed ...

Order That Worker Undergo Psychiatric Counseling Violates Federal Discrimination Laws

The Americans With Disabilities Act (the “ADA”) and the Americans With Disabilities Act Amendments Act (“ADAAA”) provide much needed protections for certain “qualified individuals” to ensure they do not suffer job ...

Punitive Damages Awarded In Race Harassment Case

The United States Court of Appeals has upheld a $3.5 million punitive damage award against Chrysler motor company. In May v. Chrysler Grp. LLC, a Cuban Jewish pipefitter filed a lawsuit asserted that he was forced to endure a “hostile work ...

Man Who Took Husband's Last Name May Maintain Sex Discrimination Case Against Employer

Workers can bring cases based on sex and disability discrimination for a variety of reasons. Although in some situations the discrimination may be obvious such as firing an employee for turning down sexual advances, other times the discrimination may ...

ADA May Protect Trainees, Not Just Employees

The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) prohibits discrimination against “qualified individuals with a disability” concerning the terms and conditions of employment. This ...

Raising The Minimum Wage Benefits All

This year there’s been an ongoing debate in Congress concerning raising the federal minimum wage. The current federal minimum wage is just $7.25/hour with the minimum cash wage for tipped workers $2.13/hour. Further, because these amounts are ...

Vegas Casino Case- Smith v. Wynn - Finds Tip- Sharing Policies Violate State Law

A recent case out of Las Vegas places the tip sharing policies of some high profile casinos under intense scrutiny. At issue – a tip sharing policy that requires Las Vegas Strip casino workers to share their tips with their supervisors. Last ...

Employers Violating Overtime Laws On The Rise

News reports that overtime complaints – claims filed by workers based on violations of the Fair Labor Standards Act (FLSA) – have hit record numbers. Pursuant to the FLSA, non-exempt workers are entitled to overtime wages in the amount of ...

Veterans Entitled To Get Their Job Back Without Having To Submit New Screening Process

In recognition of the sacrifices of our uniformed service members, and the need of reserve members and National Guard members to balance the demands of serving their country and maintaining their jobs, the federal government has passed laws ...

Court Upholds Jury Award Based On Repeated Use Of Derogatory Term

Unfortunately despite efforts to eradicate sexism and it’s existence in the workplace, many workers still report instances of harassment, name-calling and negative treatment based on their gender. Either men or women can be victims of sex ...

Congress Seeks To Raise Minimum Wage

Raising the minimum wage has taken center stage in Congress and may prove to be a crucial issue this election season. Last week Rep. George Miller (D-Calif.) along with more than 100 House Democrats proposed new minimum wage legislation. The ...

African American Worker Can Bring Discrimination Lawsuit Based On "Cat's Paw" Doctrine

One question that comes up a lot in race discrimination cases is “Can I file a lawsuit against my employer for discriminatory actions of a co-worker? For example, sometime a supervisor or other co-worker may file a complaint against you or ...

Race Discrimination Case May Proceed Where Discrimination Is "Plausible."

Unfortunately race discrimination continues to occur in many work places. Often times, the actions are not blatant or obvious but may consist of policies or subtle practices that treat workers different on account of their race. Title VII was ...

Skycaps Reach Settlement With Airlines In Minimum Wage Lawsuit

An interesting minimum wage lawsuit has just settled that has the potential to affect airport workers, including those at Hartsfield-Jackson Atlanta International Airport. In the minimum wage case, numerous airport skycaps filed a lawsuit against ...

Teacher With Seasonal Affective Disorder Has Claim Under The ADA Against School For Failing To Transfer Her To A Windowed Room

Many people wonder what constitutes a disability for purposes of the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA). The ADA and ADAAA make disability discrimination illegal and in many cases it ...

Department Of Labor Considers Inclusion Of Home Care Employees Under The FLSA

Last December, President Obama announced his intention to make revisions to the Fair Labor Standards Act, one of the oldest federal labor laws. One of the changes would be to include home-care employees as workers protected by the Act. Such a change ...

Supreme Court To Help Define Who Is An Employer

In a case that could potentially have far-reaching impact, the U.S. Supreme Court has agreed to accept a case that deals with the question – “who is an employer?” At first glance, this seems like a straightforward question however, ...

UPS Driver May Maintain Racial Harassment Case After Co-workers Left Banana Peels In His Truck

Although what constitutes actions that are “enough” to show racial harassment isn’t set is stone – case law provides some guidance. In some situations the harassment is obvious – such as a noose in the workplace. Other ...

Raising The Minimum Wage Would Benefit Workers And The Economy

Recently federal lawmakers have introduced measures in congress to raise the federal minimum wage to $10 and hour from its current $7.25. As expected, detractors raise the same arguments against increasing worker’s minimum hourly pay. However, ...

Actions That Create A Hostile Work Environment May Be Grounds For A Retaliation Lawsuit

In a recent employment discrimination case, the U.S. Court of Appeals for the 11th Circuit determined that employees who experience a hostile work environment may file and maintain claims of retaliation under Title VII of the Civil Rights Act of ...

Wage Theft On The Rise

An unfortunate reality of today’s economy is that more and more workers are facing “wage theft.” Wage theft refers to the practice of underpaying or failing to pay workers for their labor. As stated in a recent wage theft article, ...

Employees May Be Held Personally Liable For Retaliation

In an interesting case, the 7th circuit court of appeals determined that an employee may be held personally liable where their actions lead an employer to retaliate against employee. In Smith v. Bray, a black employee was fired for allegedly taking ...

Bias Doesn't Have To Be "Sole Reason" For Termination To Bring A Claim For Discrimination

A recent case determined that you may be able to sue for employment discrimination if your race (or gender, or national origin) was a reason for an “adverse” employment action, but not the only reason. In Ponce v. Billington, a Cuban ...

When Must I Be Paid As An Intern?

Despite recent efforts to clarify just when it’s acceptable to hire an unpaid intern, many workers – including large numbers of college students – report mistreatment and confusion surrounding the rules. In fact, news has reported ...

Rejection Of Sexual Advances May Be Basis Of Claim For Retaliation

Federal employment laws prohibit many forms of discrimination, including religious, sex and race discrimination. Employers are also prohibited from retaliating against workers who complain about discrimination. A recent case looked at what actions ...

EEOC Limits Use Of Criminal Background Checks In Employment Decisions

The equal employment opportunity commission (EEOC) has just approved updated enforcement guidance concerning employment discrimination based on individuals’ arrest and conviction records. The EEOC reaffirmed that its illegal for employers to ...

Employers Must Pay Workers Overtime, Regardless Of Citizenship Status

A recent overtime lawsuit from New York emphasized the fact that citizenship status does not affect whether workers are protected by the Fair Labor Standards Act (FLSA) and entitled to overtime pay. The case looked at whether it’s okay to pay ...