Implementation of Proposed Overtime Rule Varies Amongst Employers
As many are aware, the Department of Labor established new rules concerning overtime pay exemptions, which were set to take effect on December 1, 2016. However a Texas judge granted a temporary injunction stopping the rules from taking place. Nonetheless, many businesses had already taken steps to adjust to the new rules, and were left…
Read MoreNumber of Wage and Hour Lawsuits Continue to Climb
The number of wage and hour claims filed over the last several years has significantly increased. The majority of these claims have concerned the improper classification of employees – whether identifying a non-exempt employee as exempt (thereby denying an employee of deserved overtime), or classifying an employee as an independent contractor (thereby denying a worker…
Read MoreAm I entitled to pay if my office closes unexpectedly?
If your employer closes the office unexpectedly – such as when bad weather, threatens, there’s a power outage, or your server is down – are you entitled to be paid? This depends in part on how you are classified – as exempt vs. non-exempt. If you are non-exempt, then your employer does not need to…
Read MoreWhen is an employer required to pay for training time?
A recent federal court decision examined the circumstances when an employer is required to pay a worker for training time. Pursuant to Department of Labor (DOL) rules, employers should evaluate the following criteria to determine whether a worker is a trainee v. an employee who must be paid. These criteria which tend to favor that…
Read MoreAge Discrimination Persists
Recently, CBS News reported that Age Discrimination is alive and well. As Americans are fighting to gain employment, improve their standards of living, and save money for the future, the fact that employment discrimination of any kind remains is disheartening. Further, for older workers who often face increasing health care costs and want to…
Read MoreFormer CNN Producer Files Discrimination Lawsuit
The Atlanta Journal-Constitution recently featured Omar Butcher, our client, in a story that talked about his time at CNN and his struggle to receive the same opportunities as his colleagues. As a young man, Omar dreamed of becoming a journalist. After growing up in Germany and Italy—his father was in the Army—he attended Florida State…
Read MoreNation’s First Wage Discrimination Law Passed
In mid-January, Philadelphia became the first city to pass a wage discrimination law. Hopefully, this will lead to similar actions by cities and states around the country, including Atlanta and Georgia. The new discrimination law prohibits employers from asking job applicants for a record of their past salary. Legislators explain that by basing your new…
Read MoreTop Areas of Employment Discrimination
A little more than 50 years ago, Congress passed Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination in the workplace. The law prohibits discrimination against employees, former employees, and applicants for employment on the basis of their race, color, sex, national origin and religion. Additional laws have been passed to…
Read MoreProposed Religious Freedom Act May Open Doors To Discrimination
A draft executive order proposed by the White House seeking to “Respect Religious Freedom” would provide sweeping protections to those who discriminate. While federal law under Title VII of the Civil Rights Act of 1964 protects employees from religious discrimination, the executive order would allow those same employers to use religion to discriminate against others –…
Read MoreWage and hour laws may be affected by changes at local level
With the federal overtime law on hold, many wonder how their rights to overtime pay and minimum wages will be affected. While what the federal government will do remains to be seen, most believe that the new rule which would have raised the salary threshold for being labelled exempt (and thus unable to earn overtime…
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