FLSA Violations More Frequent in Certain Industries

A recent survey found that nearly all investigated garment factories in the United States committed wage and hour violations.   A staggering 94% of all factories reviewed were found in violation of the Fair Labor Standards Act (FLSA).  The FLSA provides that all workers be paid at least the federal minimum wage ($7.25/hour) and that non-exempt…

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Breast-feeding Discrimination Claim Proceeds

In a recent employment law decision, a federal district court found in favor of a woman’s claim that she had experienced discrimination while breast-feeding.  In this instance, the woman expressed breast milk in a shared office.  She had been instructed to use the designated “lactation room”, however her job duties as a clinical bed manager in…

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Can year-end bonuses replace overtime pay?

With the holidays upon us, many of Georgia’s workers have received or will be receiving end of the year bonuses.   In most cases this is cause to celebrate.  However, what if that “bonus” is paid but overtime hours earned are not?  Can bonuses be paid in place of overtime compensation? In general – bonuses and…

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Lawsuit Asserts Amazon Ads Violate Age Discrimination Laws

A new lawsuit asserts that Amazon, Facebook and T-Mobile are using discriminatory practices by targeting potential new hires through the use of Facebook ads. The age discrimination lawsuit alleges that such practices violate “various state laws prohibiting age discrimination in employment,” according to a lawsuit filed Wednesday in federal court in San Francisco. The lawsuit…

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Department of Labor Proposes Changes to Tip Pool Rules

The Department of Labor (DOL) has just announced that it is going to revisits tip pools. Currently, tip pools are highly regulated with the requirement that only those workers who typically earn tips are able to participate in the pool. This typically excludes managers, but also hourly cooks and dishwashers – “back of the house”…

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Can businesses discriminate citing “religious freedom”?

Last week, the United States Supreme Court heard argument concerning whether a business had a constitutional right to discriminate against a gay couple by asserting it violated their “religious freedom.” In that matter,Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, a gay couple sought to purchase a wedding cake from a Colorado baker. However, the…

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Employers must respond to sexual harassment allegations

The recent high profile sexual harassment charges have been a watershed moment in United States history, exposing an all too common problem at American work places. It also raises a question about what employers should do when they learn of complaints against supervisors and/or co-workers acting inappropriately. When an employee complains about sexual harassment, failing…

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