Archive for 2009
Genetic Testing in the Workplace? Meet GINA
In the 1997 sci-fi thriller Gattaca, virtually every job on earth was determined by a person’s genetic makeup. With the map of the human genome now available for download, science fiction may rapidly become science fact. But U.S. employment laws, to be phased in this month and next September, have stepped in to attempt to eliminate…
Read MoreDaycare 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 unappreciative, they can be among the types of employees who are routinely and illegally denied overtime pay. A typical work day…
Read MoreSummer Jobs Part II – Farm Jobs
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 that apply to young farm workers that parents and children need to be aware of. Consulting an employment…
Read MoreWhistleblower Case Upheld by ALJ
Last month, the U.S. Department of Labor’s Administrative Review Board (ARB) rendered a decision upholding an Administrative Law Judge’s pro-whistleblower decision under the Sabanes- Oxley Act (often referred to as SOX these days). The ALJ in Kalkunte v. DVI Financial Services, Inc., a case decided in 2005, held that a privately-held company acting as a contractor,…
Read MoreClassifying Home Health Care Workers
Atlanta is replete with people who work in the field of home health care. Home health care workers have a special set of regulations under the Fair Labor Standards Act. For instance, a home health care worker may or may not be entitled to overtime pay, depending on the circumstances of employment. First, the definition. A…
Read MoreWhen Do Salaried Employees Qualify for Overtime Pay?
Most salaried employees don’t get overtime pay. But is the reverse true-does an employer have to pay full salary if the employee isn’t at work? Some deductions from pay will be proper, but some may cause an employee to lose that exempt status and qualify for overtime. Allowable deductions to your salary, according to a July…
Read MoreSummer 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. Parents need to be very careful that their kids aren’t being exploited out there in the workforce, and may want to check…
Read MoreOvertime for Nurses
Nobody may work harder, and nobody may have more job satisfaction, than a nurse. But with all of those hours put in, do nurses generally qualify for overtime pay, or are they exempted under the FLSA? The answer to that question may depend on what kind of nurse you are, what your duties are, what…
Read MoreIs Your Layoff Really Retaliation?
What if what looks like a standard layoff is really hiding an illegal act, such as retaliation, against an employee? Retaliation may be hard to pin down, but it may be actionable if all of the facts line up. Basically, a retaliatory firing is one that occurs because the employee has complained of discrimination or…
Read MoreOvertime for Journalists
Are reporters entitled to overtime pay? Will they write about it more if they are? Even with the well- documented decline of print media, there are certainly enough reporters left on the job for this to be an ongoing issue. And reporters facing layoffs will certainly have any number of questions that could be directed to…
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