Archive for 2009
EEOC Gets a Boost in Subpoena Power
The Equal Employment Opportunity Commission (EEOC) recently won a victory in the Second Circuit that will significantly increase its ability to investigate employer practices on a nationwide basis. Although the case does currently have limited precedent in Georgia employment law, we will have to keep an eye on the Eleventh Circuit to see if that court will follow…
Read MoreRetail Commissions and Overtime
Just because you receive commissions doesn’t necessarily mean that you don’t qualify for overtime. The FLSA has carved out an exemption to overtime pay for people who receive commissions as a part of their salaries, but it is a very narrow exception. It is possible that people working in malls all across Georgia should be talking…
Read MoreLifetime 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 (R-Georgia), joined by Senators Jeff Bingaman (D-New Mexico), and Herb Kohl (D-Wisconsin), have just introduced legislation that would require defined contribution…
Read MoreAirport 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. Federal Court of Claims recently ruled that a Memphis TSA screener was not entitled to overtime under the FLSA. Jones v. United States, Fed. Cl., No. 08-645,…
Read MoreWork Time
There are some employers who, if you don’t watch them, will go in and change your hours worked on your time clock. This can run afoul of Georgia employment law as well as federal regulations. This may be based on the principle of “rounding up,” where an employment rule may be that employees are allowed to…
Read MoreWage Garnishment FAQ
Getting your wages garnished is an embarrassing situation, often made worse but at least a perceived threat of losing your job. While most employers know that they can’t threaten job loss if an employee’s wages are being garnished, that doesn’t stop many of them from making the garnishee’s life uncomfortable about the whole thing. In…
Read MoreTeenage 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 positions of responsibility in general, and have them driving in particular, without really knowing what the rules about teenage driving on the job are. There…
Read MoreCompensation for Online Training
Many companies in the Atlanta area now require that their employees take online training classes, or classes at outside facilities. Should the time spent taking this training be compensated? The FLSA covers this issue in general, and a recent DOL opinion letter shines an interesting light on some facts that may come up while employees…
Read MoreSupreme Court Narrows Ability to Prove Age Discrimination
The U.S. Supreme Court, in a June 18, 2009 decision, has limited a claimant’s ability to prove an age discrimination case in court. The case, Gross v. FBL Financial Services, Inc. (08-441), decided by a 5-4 margin, decided a burden of proof issue that had never been completely resolved since the passage of the ADEA in 1967. The question…
Read MoreBelo Plan Contracts
One of the requirements in the FLSA to prove that an employee is under salary and not an hourly employee for the purposes of paying overtime is the concept of a “constant weekly wage,” where the employee gets a set salary for set hours worked per week. Any variance on that theme can result in…
Read More