Archive for 2015
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 hired to coach small children at the children’s schools. Specifically at issue was whether the agreements signed by the instructors prevented them from working…
Read MoreUnderstaffing And Overworking Employees May Violate Wage and Hour Laws
Recently, the Pennsylvania Supreme Court upheld a $185 million judgment against a national retailer based on wage and hour violations. The case highlights the extreme tactics some employers use to try to maximize profits, which in this instance ultimately backfired. The retailer attempted to both understaff and overwork its employees. Actions included not allowing workers…
Read MoreFacebook Faces Employment Discrimination Lawsuit
Earlier this week, a former employee of Facebook filed a lawsuit against the social networking site, alleging gender and race discrimination. The lawsuit claims that the woman was initially hired as a program manager and later promoted to a technology partner. Despite receiving raises during her employment, she was terminated after she began complaining about…
Read MoreGeorgia Non-Compete Law: The Not-So-Old Law
Although the pre-May 11, 2011 law is often referred to as the “old law,” it is still applicable to contracts entered into before that date. In this blog post, we will discuss the basics of the old law and provide specific examples of its interpretation by Georgia courts. It’s worth noting that the old Georgia…
Read MoreGender Discrimination Lawsuit Filed Against Novartis
Legal news reports that a group of women has filed a $110 million class-action discrimination lawsuit against Swiss drugmaker Novartis. The gender discrimination lawsuit is based on claims the company has routinely denied women equal and promotion opportunities. Five years ago, the pharmaceutical company was ordered to pay more than $250 million in a similar…
Read MoreCheerleaders Settle Wage and Hour Lawsuit
The Tampa Bay Buccaneers have agreed to settle a class action wage and hour lawsuit filed by it cheerleaders. The 94 former and current cheerleaders have alleged that the football program failed to pay the cheerleaders minimum wage, and that they were required to work unpaid hours including practice time, posing for calendars, charities and…
Read MoreGeorgia Non-Compete Law: A Look at Georgia’s (Complicated) History of Restrictive Covenants
The world of non-compete law in Georgia took a turn on May 11, 2011 when House Bill 30 was signed and effectuated O.C.G.A. § 13-8-50, et seq (the Georgia Restrictive Covenants Act). Although to date there is minimal case law interpreting the new law and how it impacts the enforceability of restrictive covenants, O.C.G.A. § 13-8-50 does…
Read MoreWhat Qualifies As an Exemption Under the Fair Labor Standards Act?
The Department of Labor is currently preparing revisions to the Fair Labor Standards Act (FLSA), which will be issued in the next coming months. Most observers believe that these revisions will include adjustment to the “salary basis” test. Currently, if employees make more than $455 and fall into certain “white-collar” categories, employers may classify such…
Read MoreOscars Raise Issue of Equal Pay
One of the standout moments at the Oscars was actress Patricia Arquette’s call for pay equality – calling for equal pay for equal work. While accepting an award, Arquette spoke out, stating “To every woman who gave birth, to every taxpayer and citizen of this nation, we have fought for everybody else’s equal rights,” she…
Read MoreDepartment Of Labor Likely To Amend Salary Exemption
According to CNN, the Obama administration is making progress towards issuing its proposed amendment to the overtime compensation laws. This amendment aims to provide overtime pay to low-salaried managers who currently do not qualify for it. Under the Fair Labor Standards Act (FLSA), most “non-exempt” workers are entitled to receive overtime pay at one and…
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