Archive for 2017
Agricultural Workers May be Entitled To Overtime Pay
In a recent wage and hour dispute, the Northern District of Georgia awarded current and former farmworkers nearly $1.5 million in back wages and damages. The Fair Labor Standards Act (FLSA) complaint asserted that a Glennville onion grower, packer, and shipper violated federal wage law. The FLSA provides that all non-exempt workers be paid at least…
Read MoreLarge Employers Not Always in Compliance With Wage And Hour Laws
The Federal Labor and Standards Act (FLSA) requires employers pay employees at least minimum wage, and that non-exempt employees earn time and a half for all time work beyond 40 hours in any one work week. However, a recent expose examined the history of some of Georgia’s largest companies mistreating its employees with respect to…
Read MoreConcerns Raised that Calls For “Religious Freedom” Will Increase Discrimination
The federal government has just issued a wide sweeping memo promoting “religious freedom” that many fear will increase discrimination. The memo written by Attorney General Jeff Sessions provides, “[T]o the greatest extent practicable and permitted by law, religious observance should be reasonably accommodated in all government activity, including employment, contracting and programming.” Observers believe that…
Read MoreCan Title VII Protect Against Sexual Orientation Discrimination?
Whether sex discrimination prohibited by Title VII of the Civil Rights Act of 1964 extends to and protects against discrimination based on sexual orientation will likely be considered by the Supreme Court in the near future. Pursuant to Title VII, employers are prohibited from taking sex/gender into consideration in work-related decisions such as the hiring,…
Read MoreWhat constitutes pregnancy discrimination?
A Georgia woman is suing a Peach Tree City corporation for alleged pregnancy discrimination. According to the complaint, the company fired her rather than making an effort to accommodate her pregnancy related restrictions. The woman was instructed by her supervisor to perform a physical task that conflicted with medical restrictions set by her doctor. She…
Read MoreViolating wage and hour laws can invalidate non-compete agreements
When taking a new job, many employees are required to sign “non-compete” agreements, which set forth certain requirements should the relationship end. Non-competes may set forth that an employee cannot work for a competitor within a certain number of years, or compete for the same clients. Often new hires are reluctant to read the fine…
Read MoreNon-Compete Agreements vs. Non-Solicit Agreements
The terms of non-compete and non-solicit agreements are often misunderstood. Whether you’re running a small business or a high-powered startup, you should understand the differences between these covenants. Here’s what you need to know to help you protect your business. The Key Differences Non-Compete Agreement: A restrictive covenant that prevents an employee from quitting their…
Read MoreWhistleblower laws protect employees who report wrongful conduct
In a recent whistleblower case, a city fire inspector was awarded $1.5M after she was allegedly fired from her job after complaining about the safety of renovations at the facility where she was to work. The fire inspector asserted that her complaints led to her termination, while the city argued that she was terminated due…
Read MoreTGI Fridays agrees to settle one of the nation’s largest wage and hour lawsuits
Reports indicate that the restaurant chain, TGI Fridays has agreed to settle a wage and hour class action suit for $19.1 million. The lawsuit asserts that the chain underpaid many of its employees in violation of the Fair Labor Standards Act (FLSA) for many years. Included in the settlement are bussers, wait staff, runners and…
Read MoreHow to File a USERRA Complaint
According to the Uniformed Services Employment and Reemployment Rights Act (USERRA), members of the military are entitled to return to their jobs after deployment without any changes to their position. USERRA is intended to shield service members from being fired from their positions for being called to active-duty. If your employer does not comply with…
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