Posts by Buckley Bala Wilson Mew LLP
Employee Misclassification Common Violation Of FLSA
A high-end childcare center has been found in violation of federal overtime compensation laws. According to news reports, Crème de la Crème, has been ordered to pay back wages to more than 350 current and formers workers based on violations of federal overtime policy and record keeping. Crème de law Crème operates day car centers…
Read MoreSupreme Court Set To Consider 4 Employment Discrimination Cases
On October 1, the Supreme Court opened its new term with four cases on the docket that may influence employment law and impact employment discrimination cases. As topGeorgia employment lawyers concerned about the employment litigation, the discrimination lawyers at Buckley Bala Wilson Mew LLP will be following these cases closely. The cases to be reviewed…
Read MoreFemale Workers Face Challenges From Over And Under Employment
A recent Op Ed piece in the New York Times raises an interesting point – although high earning women and low wage earning women seem to have different problems, the issues they face as the result of the way the Fair Labor Standards Act (FLSA) is currently written are very similar. A main issue is that women…
Read MoreTransfer For Medical Treatment Determined To Be A Reasonable Accommodation
In a case of first impression, a New Mexico court looked at whether a woman could sustain a case under the federal Rehabilitation Act after her employer denied her request to transfer her from her position in Texas to one in New Mexico to facilitate her medical treatment. In Sanchez v. Vilsak, the Tenth Circuit appellate…
Read MoreEnglish Only Laws May Constitute National Origin Discrimination
Many times discrimination is blatant. Other times a policy may not appear to be discriminatory on its face, but on closer examination the effect is to discriminate against a certain group. Either instance may lead to a successful discrimination case. Consulting with a knowledgeable Georgia national origin discrimination attorney is important if you believe you have suffered…
Read MoreEmployers May Be Required To Transfer Disabled Workers To Vacant Positions
If you can’t do your job because of a disability, your employer must transfer you to a vacant position you are qualified for, a recent disability discrimination case determines. In EEOC v. United Airlines Inc., the 7th Circuit reversed previous case law, concluding that absent a “particularized showing of undue hardship” the Americans with Disabilities Act requires employers…
Read MoreOrder That Worker Undergo Psychiatric Counseling Violates Federal Discrimination Laws
The Americans With Disabilities Act (the “ADA”) and the Americans With Disabilities Act Amendments Act (“ADAAA”) provide much needed protections for certain “qualified individuals” to ensure they do not suffer job discrimination as the result of a disability or perceived disability. The ADA also prohibits disability harassment and retaliation against you for complaining about disability…
Read MoreMan Who Took Husband’s Last Name May Maintain Sex Discrimination Case Against Employer
Workers can bring cases based on sex and disability discrimination for a variety of reasons. Although in some situations the discrimination may be obvious such as firing an employee for turning down sexual advances, other times the discrimination may not be readily apparent. In a recent employment discrimination case out of Ohio, Koren v. Ohio Bell…
Read MoreRaising The Minimum Wage Benefits All
This year there’s been an ongoing debate in Congress concerning raising the federal minimum wage. The current federal minimum wage is just $7.25/hour with the minimum cash wage for tipped workers $2.13/hour. Further, because these amounts are not adjusted for inflation the amount minimum wage workers take home is becoming increasingly tight. In fact, single…
Read MoreADA May Protect Trainees, Not Just Employees
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) prohibits discrimination against “qualified individuals with a disability” concerning the terms and conditions of employment. This means that if you are considered a “qualified individual” and your employer takes a negative employment action – such as firing, failing to hire,…
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