Proudly Serving Atlanta, GA
  • ADA
    • 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 ...

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    • 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 ...

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    • 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 ...

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    • Claims of Age Discrimination on the Rise

      As the number of baby boomers interested in remaining in the work force continues to increase, so too does the number of age discrimination claims. With improved health care leading to longer life ...

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    • Georgia City Sued for Age Discrimination

      News reports that the city of Savannah, Georgia is being sued for age discrimination. The city has denied the charges. The age discrimination claim is based on allegations that the city failed to hire ...

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    • ADEA applies to governmental entities regardless of size

      In the first opinion of the Supreme Court’s new term, the Court ruled that the Age Discrimination in Employment Act (“ADEA”) applies to state and local government employers, regardless of their size. ...

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    • 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. ...

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    • 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 ...

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    • Several Federal Laws Protect Seasonal Farm Workers

      The Department of Labor has recently issued a reminder to seasonal agricultural workers that several different federal laws protect the workers – both in terms of wages and hours worked and work-place ...

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    • Arbitrating Individual Claims May Influence Employers

      Following the recent Supreme Court decision allowing companies to require employees waive their rights to arbitrate as a group, many workers and employee advocates worried that their ability to demand ...

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    • Department Of Defense Final Rule Bars Mandatory Arbitration

      A final rule published in the December 8 Federal Register provides that the Department of Defense (DOD) is now barring certain defense contractors and subcontractors from requiring employees or ...

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    • 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 ...

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    • 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 ...

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    • 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, ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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. ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • Daycare Workers Under the FLSA

      As if preschool and daycare workers in the Atlanta area don’t have enough problems on the job, from picking up every communicable bug out there to bites, tantrums, and parents who can be late and ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • Cookie Company Sued for Immigration Discrimination

      Employment news reports that a national cookie company has agreed to settle an immigration related discrimination claim. The Department of Justice set forth that the Immigration and Nationality Act ...

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    • What type of damages am I entitled to if I suffer employment discrimination?

      A number of federal and state laws prohibit employment discrimination. These include Title VII of the Civil Rights Act of 1964, which prohibits sex, religious, gender and race discrimination. ...

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    • Facebook Sued for Sex Discrimination in Employment Ads

      A recently filed employment discrimination lawsuit asserts that Facebook’s platform promotes sex discrimination. Among the allegations are assertions that Facebook blocks women from seeing job ads. ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • How would appointing Brett Kavanaugh to the U.S. Supreme Court affect employment discrimination laws?

      With the hearings concerning Judge Brett Kavanaugh’s potential appointment to the Supreme Court wrapping up, many are concerned with how his appointment may affect our rights, especially in terms of ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • Citicorp Required To Pay Back Wages For Equal Pay Act Violations

      A Florida woman has been awarded nearly $340,000 in back pay as the result of a pay discrimination lawsuit against Citicorp. According to the lawsuit, when Heidi Wilson received a promotion to become ...

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    • Bias Claim Revived Based On Lily Ledbetter Act

      As the area of employment law continues to evolve, new laws are enacted, and old ones may be amended or interpreted in new ways. Fortunately many times, the new laws create greater protections for ...

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    • Lifetime Income Disclosure Act

      Georgia employees with 401(K)’s may be able to get more information on what they have in their accounts, if a bill introduced on December 4th in the U.S. Senate passes. Georgia Senator Johnny Isakson ...

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  • FAQ
    • 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 ...

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    • 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. ...

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    • Fast Food and Restaurant Workers and the FLSA

      No matter what, people have to eat. And restaurant employees will always be there to serve them. There are over 7 million people employed in restaurants in the United States, a large percentage of ...

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    • Modern Luxury- Buckley Beal Females

      Our very own Buckley Beal female attorneys have been recognized in The Atlantan November 2018. Read more here!

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    • Press Release: Ed Buckley Named 2018 NELA-GA Advocacy Award Recipient

      FOR IMMEDIATE RELEASE ED BUCKLEY NAMED 2018 NELA-GA ADVOCACY AWARD RECIPIENT Top Atlanta Employment Lawyer Honored for 35 Years of Dedication Protecting Employment Rights ATLANTA (Oct. 4, 2018) – The ...

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    • 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 ...

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    • Department of Labor Issues Two New Opinion Letters

      The Fair Labor Standards Act (FLSA) sets forth the basic federal wage and hour laws. These laws provide numerous areas of guidance, including that workers must be paid minimum wage and that in ...

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    • Is Time Spent at work on Wellness Activities Compensable?

      The United States Department of Labor (DOL) has just issued a new opinion letter concerning whether time spent at work on wellness activities in compensable pursuant to the Fair Labor Standards Act ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • Gender discrimination a factor in women earning less than men

      Over the last several decades, legislative efforts have been made to address income inequality. Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate against women in terms of ...

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    • Does Title VII protect against sexual orientation discrimination?

      Title VII of the Civil Rights Act of 1964 prohibits discrimination against workers on the basis of race, religion, national origin, gender and sex. Whether this law includes protections against sexual ...

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    • Georgia Leads Nation in Claims of LGBT Discrimination

      Title VII of the Civil Rights Act of 1964 prohibits gender discrimination. Whether this federal law extends to a protects individuals from sexual orientation discrimination is not settled. Several ...

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    • 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. ...

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    • 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 ...

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    • 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. ...

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    • 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 ...

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    • 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 ...

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    • 4th Circuit Determines An Assistant Manager Is A "Supervisor" For Purposes Of Filing A Sexual Harassment Claim

      The U.S. Court of Appeals for the Fourth Circuit has recently held that under South Carolina law, an assistant manager constituted a “supervisor” for purposes of bringing a sexual harassment claim . ...

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    • New Hostile Work Environment Decision from the 11th Circuit

      The 11th Circuit Court of Appeals , which has jurisdiction over Georgia employment law, recently stuck up for anyone, especially women , who have to listen to endless trash- talking and vulgarities in ...

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    • The Importance Of Reporting Unfair Labor Practices Immediately

      Recently Jules Van Rengen, an official from the Department of Labor reminded a group of immigrants about the importance of reporting unfair labor practices immediately. One worker complained that his ...

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    • Federal Labor Laws Protect All Workers

      A recent case out of Ohio underscores the struggles of many immigrants striving to make a decent wage. In Cincinnati, a lawsuit continues against two veterinarians accused of wage theft involving ...

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    • New Wage And Hour Class Action Suit Against Wal-Mar

      A new lawsuit has been filed on behalf of Wal-Mart employees alleging they were denied the wage, benefits and other protections they were entitled to under the law. Specifically, the suit alleges that ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • Georgia Jury Duty and Court Attendance Leave Laws

      There are numerous urban legends and endless misinformation about employers’ rights and obligations to employees when the employee has to appear in court (as something other than a defendant). Here is ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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  • LLC
    • 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 ...

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    • 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. ...

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    • Are You Listening?

      Sound and communication expert, Julian Treasure, is telling us that we are losing our ability to listen. Between our increased ability to create a sound bubble with our earbuds to being inundated with ...

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    • 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 ...

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    • 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 ...

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    • "Cat's Paw" Liability Upheld

      In a significant employment discrimination decision, the U.S Supreme Court has just ruled that an Army Reservist who had a civilian job as a hospital technician could bring a lawsuit for employment ...

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    • NDAA and the FMLA

      When President Obama signed the National Defense Authorization Act ( NDAA ) late last year, the rights of military personnel under the Family and Medical Leave Act were expanded to include more ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • Minor Lifeguards and the FLSA

      Summer isn’t yet in full swing, but it is already hot here in Atlanta. One of the great summer jobs is lifeguarding, but it is employment that brings with it potential hazards, especially for people ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • What rules apply when employers make “extra” payments to exempt employees?

      As the year ends, many exempt employees may earn additional compensation on top of their salaries. This may include bonuses, commissions or percentages of a company’s profits. These payments are often ...

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    • Supreme Court Evaluates Arbitration Agreements

      In an employer friendly decision, the U.S. Supreme Court just issued a ruling that may make it more difficult for employees to fight discrimination. The Court upheld the legality of arbitration ...

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    • 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 ...

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    • New Fact Sheet Issued on Classifying Employees

      The Department of Labor (DOL) has issued a new fact sheet setting forth guidelines concerning individuals who work in higher education and applicable exemptions. The guidelines affect thousands of ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

      Read More
    • Walmart Sued for Pregnancy Discrimination

      Walmart is facing new charges of employment discrimination. A recently filed pregnancy discrimination suit alleges that the retail giant has unlawfully discriminated against workers for years. Federal ...

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    • Pregnancy Discrimination Widespread in Corporate America

      A new study concludes that many women’s careers have suffered as the result of “pregnancy discrimination.” The study evaluated women at large corporations across the United States, and looked at data ...

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    • 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 ...

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    • Modern Luxury- Buckley Beal Females

      Our very own Buckley Beal female attorneys have been recognized in The Atlantan November 2018. Read more here!

      Read More
    • Press Release: Ed Buckley Named 2018 NELA-GA Advocacy Award Recipient

      FOR IMMEDIATE RELEASE ED BUCKLEY NAMED 2018 NELA-GA ADVOCACY AWARD RECIPIENT Top Atlanta Employment Lawyer Honored for 35 Years of Dedication Protecting Employment Rights ATLANTA (Oct. 4, 2018) – The ...

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    • 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 ...

      Read More
    • Court Determines Jewish Worker May Proceed with Race Discrimination Case Under Title VII

      A recent case ruling may have significant impact on what constitutes race in race discrimination cases. In that case, a state court determined that Jews may be considered a race and entitled to ...

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    • Was firing due to being late to work or race discrimination?

      A fired employee has filed a claim for race discrimination asserting that his termination for being late was pretext for discrimination. In the context of race discrimination, pretext refers to the ...

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    • Does the denial of a job offer for wearing dreadlocks constitute race discrimination?

      An African-American woman has petitioned the Supreme Court to review her race-discrimination matter. She asserts that she was offered a job as a customer service representative, but the offer was ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • Tip Sharing Law May Lead To Confusion And Backpay Lawsuits

      New reports that hotel food and beverage workers have reached a settlement unpaid wage claim . 150 current and former food and beverage workers sued the Crowne Plaza Hotel for its failure to reimburse ...

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    • New Legislation Introduce to Raise Base Pay For Tipped Workers

      A Maryland Congresswoman has introduced a new bill to amend federal law regarding the way “tipped employees” are paid. The bill – known as WAGES [working for adequate gains for employment in services] ...

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    • Retaliation Claims Are Most Prevalent Employee Complaints

      Retaliation claims continue to be one of the leading types of employment cases filed. In fact, statistics show that retaliation claims make up 48% of employment related discrimination cases filed with ...

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    • Retaliation Rampant in Tech Jobs

      Title VII of the Civil Rights Act of 1964 protects against various types of employment discrimination including race, sex, gender, religion and national origin discrimination. It also protects ...

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    • 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, ...

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    • Supreme Court To Review Whether Pharmaceutical Sales Representatives Are Exempt Under The Fair Labor Standards Act in Christopher v. SmithKline Beecham Corp.

      The U.S. Supreme Court has just agreed to review Christopher v. SmithKline Beecham Corp. , a significant case concerning pharmaceutical sales representatives. At issue, whether the sales reps are ...

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    • Sales Commissions FLSA Case

      Just because sales or other commissions are a part of your paycheck doesn’t mean that you are exempted from overtime pay under the FLSA , says the federal District court in the Southern District of ...

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    • Sex Discrimination Suit Alleges Systemic Bias

      New reports that a recent employment discrimination lawsuit has been filed against Nike. The sex discrimination lawsuit asserts that women were systematically discriminated against, and passed over ...

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    • 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 ...

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    • 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 ...

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    • What constitutes sexual harassment?

      Google employees walked out of work this past week to protest claims of sexual misconduct and harassment. They were part of an organized walkout at Google facilities across the world in response to a ...

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    • What to do if you face sexual harassment at work

      With the advent of the #Metoo movement, and the explosion of high profile sexual harassment allegations, many workers who have faced similar situations still don’t know the proper steps to take to ...

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    • 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 ...

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    • 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 ...

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    • Teenage Work Driving Rules

      Many summer jobs , particularly in agriculture and construction, require employees to drive various vehicles as a part of the job. Small companies, especially, may be tempted to put young people in ...

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    • Summer Jobs Part II

      With the summer job search in full swing, many young people living outside Atlanta may be looking to work on a farm for the season. There are a number of regulations under the Fair Labor Standards Act ...

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    • Summer Jobs- Don't be Exploited

      Summer vacation is around the corner, and many young people are lining up summer jobs this month. As you would think, the US Department of Labor has very specific rules concerning youth employment. ...

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    • Tip Pooling under the FLSA

      Next time you go to an Atlanta sushi or other nice restaurant, notice the side conversations among the staff. Much of the time, it concentrates on tips, taxes, and other paperwork that most restaurant ...

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    • Fast Food and Restaurant Workers and the FLSA

      No matter what, people have to eat. And restaurant employees will always be there to serve them. There are over 7 million people employed in restaurants in the United States, a large percentage of ...

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    • Skycaps' Claim for Tips under FLSA Grounded by Eleventh Circuit

      In what appears to be the first such case to reach a federal appeals court, the Eleventh Circuit Court of Appeals (the federal appeals court for the federal district courts of Georgia, Florida and ...

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    • Airport Security Workers Decision

      Work for the Transportation Safety Administration at Hartsfield- Jackson International Airport ? There may be some bad news for you if you want to pursue an overtime case here in Georgia. The U.S. ...

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    • 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 ...

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    • 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 ...

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    • 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, ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • Overtime Exemption Law to be Updated in Spring 2019

      The Department of Labor has indicated that as early as March of 2019, new rules will be issued concerning the overtime exemption under the Fair Labor Standards Act (FLSA). The proposed changes have ...

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    • Will I Be Paid If My Office Closes Due to Weather Conditions?

      Widespread weather related closures are expected this week as an arctic blast envelopes much of the country, including portions of Georgia. In anticipation of the cold weather, many offices are ...

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    • Opinion Letter Distinguishes between Standard Rate of Pay and Regular Rate of Pay

      The Fair Labor Standards Act (FLSA) is a complex, federal regulation setting forth many of the nation’s wage and hour laws. It’s scope is vast, but two specific provisions affect the majority of ...

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    • 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. ...

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    • 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 ...

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    • 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 ...

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    • Are you entitled to PTO to vote?

      With mid-term elections coming up, it is crucial to exercise your right to vote. However many people cite work as a reason not to vote. In order to ensure as many people get the chance to vote as ...

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    • Attending AA Meetings not Compensable Overtime

      Many Georgia employees have struggled to overcome problems of substance abuse, which can devastate lives both at home and at work. But is it compensable time if you attend a 12- step program that is ...

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    • 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 ...

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    • 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 ...

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    • 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 ...

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    • 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, ...

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