Archive for 2010
Fired Employee With HIV May Bring Claim Under Amended ADA
A man who was fired one day after telling his supervisor he was HIV positive may bring a claim for employment discrimination and impermissible medical inquiry claims under the amended Americans with Disabilities Act. In Horgan v. Simmons, the U.S. District Court for the Northern District of Illinois determined HIV falls within the new definition of “disability” as…
Read MoreMost Georgia Interns Entitled To Minimum Wages and Overtime
Many college students look forward to the summer as an opportunity to gain experience in the work place before getting their first “real job.” One way to do this is to be hired as an unpaid intern at a company. Interns agree to forego pay for in exchange for hands-on experience. However, recent reports have detailed employers…
Read More4th 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. In Whitten v. Fred’s Inc., 4th Cir., No. 09-1265, 4/1/10, the 4th Circuit held that the test to determine whether a harasser is a…
Read MoreGEORGIA MORTGAGE LOAN OFFICERS NOT EXEMPT UNDER THE FLSA
A recent opinion issued by the Department of Labor (DOL) determined that mortgage loan officers do not qualify as bona fide administrative employees exempt under section 13(a)(1) of the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 213(a)(1). As a result, they are entitled to receive overtime pay, typically one and one half times their regular rate of…
Read More11th Circuit Sexual Harrassment To Be ReHeard
In a surprise decision, the 11th circuit has decided to rehear a claim for alleged sexual harassment and retaliation. Corbitt v. Home Depot involves two men who claim that a male human resources manager made unwanted sexual advances toward the men. When they complained, the men were allegedly fired in retaliation. Last August the 11th Circuit Court of…
Read MoreSales 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 Ohio. Since this case also followed a Kansas District case, it looks like it could be good Georgia employment law as well. The…
Read MoreNew 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 the workplace. The case, Reeves v. C.H. Robinson Worldwide (11th Cir en banc 01/20/2010), involved a female plaintiff who claimed that she suffered a gender- based hostile work…
Read MoreAttending 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 required as a condition of your employment? Not according to a federal trial court in Kentucky, which ruled against an employee who…
Read MoreAlternative Treatments, Vacations, and the FMLA
Many people these days are seeking alternatives to standard medical treatments, many of which do not involve licensed physicians. Do those treatments qualify family medical leave under the FMLA? And what if the treatments are taken in such a way that they basically constitute a vacation? No and no, says a federal district court in Massachusetts.…
Read MoreEmployment Polygraphs
Have you been told that you have to take a lie detector test as either a part of getting a job or keeping the job that you have? Your employer, whether in Georgia or anywhere else, probably can’t do that, and, even if you take the test, probably can’t use the test to affect your job. Under the…
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