Archive for 2014
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 their standard rate of pay for all time spent working in excess…
Read MoreEmployee 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 successfully bring a case for “associational” disability discrimination. The Americans with Disabilities Act (ADA) prohibits employers…
Read MoreDeductions 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 need to contact a Georgia employment attorney. The FLSA…
Read MoreAre 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 is the first step in knowing your rights and remedies under the law. In a recent disability discrimination lawsuit, a pathologist sued the…
Read More21 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 states – Alaska, Arkansas, Nebraska and South Dakota – residents voted to increase the minimum wage.).…
Read MoreWage 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 an employer’s failure to minimum wage or overtime compensation as required by law.…
Read MoreWage 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) non-exempt employees who work more than 40 hours in any work week must be paid at…
Read MoreSupreme 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 worker, Peggy Young, became pregnant with her third child while working as a driver at UPS’s Maryland facility. Yong’s doctor…
Read MoreChanges 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.” That is, whether an employee is classified as “exempt v. non-exempt” and thus, entitled to overtime pay or…
Read MoreShould 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 generated significant amount of criticism from workers, as well as lawmakers who are concerned that…
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