Archive for 2017
Can an hourly employee legally be denied overtime pay?
Federal wage and hour law, the Fair Labor Standards Act (FLSA), provides that non-exempt workers are entitled to receive overtime pay at a rate of one and one-half times their standard rate of pay for all time spent working in excess of 40 hours in any one work week. This simple statement raises several questions.…
Read MoreWhat Constitutes a “Living Wage” in Georgia?
The Fair Labor Standards Act (FLSA) provides that workers must be paid at least minimum wage and that non-exempt workers receive overtime pay at a rate of one and one-half times their standard rate of pay for all time worked in excess of 40 hours in any workweek. The current federal minimum wage is $7.25/hour.…
Read MoreLawsuit alleges racial discrimination
A recent lawsuit filed by a former Tesla employee asserts that he was fired for complaining about racial harassment, and that despite his complaints, Tesla never investigated his concerns. Specifically, the discrimination lawsuit asserts that employees and supervisors regularly used the “n word” around him and other black co-workers. After he complained about the harassment and…
Read MoreWhat labor laws apply if you’re a seasonal employee?
With the holiday season nearly upon us, many retailers and other businesses are gearing up for the rush by hiring seasonal employees. Many times, these are temporary positions, and employers/employees may not be aware of the various wage and hour claims that may arise. For example, it’s important to ensure your classification is correct, whether…
Read MoreBank Found Liable for Violating Whistleblower Law
A federal jury has just found JP Morgan Chase liable for unlawful retaliation in violation of the Sarbanes-Oxley Act. According to the whistleblower lawsuit, a former wealth manager flagged a wealthy client of the bank for potential fraud and money laundering. Shortly thereafter, she was fired. The jury agreed, and found that she should be pain…
Read MoreWhat is “language discrimination”?
Most employers and employees are aware that certain types of discrimination are illegal – such as race or gender. However, they may not be aware of how different policies or practices that appear neutral may be illegal as well. One area is “language discrimination” which may constitute improper and illegal race or national origin discrimination…
Read MoreFLSA Considerations for Seasonal Time Changes
Many people have mixed feelings about the end of Daylight Savings Time. You may relish the extra hour of sleep, or find it easier to get up for work on Monday, or you may not like it getting darker earlier in the day. But, most people haven’t thought how it may impact your pay from…
Read MoreWhistleblower trial asserts executive suffered retaliation after reporting fraud
Recent employment law news reports that the trial has just begun in a whistleblower suit against a mutual funds group. A high level executive of the group asserted that after she complained that the company may have defrauded investors, the company conducted “a campaign of retaliation” against her. Whistleblower laws were designed to protect employees…
Read MoreRemote workers may be entitled to overtime pay
With the increased use of laptops, cell phones and technological advances, more and more workers are working remotely. This may be a formalized agreement or simply a logical extension of the day (catching up on email from home, or while on the train). Much research has shown that enabling remote work has positive benefits – saving employers…
Read MoreIs your employer required to accommodate your prayer schedule?
Georgia news reports that an Atlanta-area school fired a Muslim employee for requesting time to pray. According to reports, the school district stated that she falsified her job application, then was terminated when she requested that the school accommodate her prayer schedule. The complaint remains under investigation. This lawsuit raises the issue of what is…
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