Fifth Circuit Finds Failure To Include Per Diem Pay In “Regular Rate” Violates FLSA
The Court of Appeals for the Fifth Circuit affirmed the lower court’s determination that a staffing company violated the Fair Labor Standards Act (FLSA) when it failed to include a per diem payment in its “regular rate of pay” calculation. Pursuant to the FLSA, all non-exempt employees must be paid at a rate of one and one half…
Read MoreSupreme Court Finds Black Firefighters’ Race Discrimination Claim Timely
The U.S. Supreme Court has ruled that black firefighters did not miss the deadline to file a cause of action for race discrimination against the City of Chicago, holding that reliance on a discriminatory test administered in the past can constitute a new violation of Title VII. Under Title VII of the Civil Rights Act of 1964, employers are…
Read MoreAge Discrimination Claim Allowed To Proceed After Company Buy-Out
As the number of older Americans in the work place continues to increase, so does the number of Americans facing age discrimination at work. If you are over 40, the Age Discrimination in Employment Act (ADEA) prohibits your employer from discriminating against you and protects you from harassment based on your age. Often, discrimination occurs when one…
Read MoreSupreme Court Evaluates Who Should Decide Validity of Arbitration Agreements
Many times as a condition of employment a new hire will sign an employment agreement containing a mandatory arbitration agreement. Often, these arbitration agreements provide that an arbitrator has the exclusive authority to resolve certain employment disagreements. Although arbitration may have many advantages, such as being quicker and less expensive than traditional litigation, the mandatory arbitration clauses…
Read MoreFired Employee With HIV May Bring Claim Under Amended ADA
A man who was fired one day after telling his supervisor he was HIV positive may bring a claim for employment discrimination and impermissible medical inquiry claims under the amended Americans with Disabilities Act. In Horgan v. Simmons, the U.S. District Court for the Northern District of Illinois determined HIV falls within the new definition of “disability” as…
Read MoreMost Georgia Interns Entitled To Minimum Wages and Overtime
Many college students look forward to the summer as an opportunity to gain experience in the work place before getting their first “real job.” One way to do this is to be hired as an unpaid intern at a company. Interns agree to forego pay for in exchange for hands-on experience. However, recent reports have detailed employers…
Read More4th Circuit Determines An Assistant Manager Is A “Supervisor” For Purposes Of Filing A Sexual Harassment Claim
The U.S. Court of Appeals for the Fourth Circuit has recently held that under South Carolina law, an assistant manager constituted a “supervisor” for purposes of bringing a sexual harassment claim. In Whitten v. Fred’s Inc., 4th Cir., No. 09-1265, 4/1/10, the 4th Circuit held that the test to determine whether a harasser is a…
Read MoreGEORGIA MORTGAGE LOAN OFFICERS NOT EXEMPT UNDER THE FLSA
A recent opinion issued by the Department of Labor (DOL) determined that mortgage loan officers do not qualify as bona fide administrative employees exempt under section 13(a)(1) of the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 213(a)(1). As a result, they are entitled to receive overtime pay, typically one and one half times their regular rate of…
Read More11th Circuit Sexual Harrassment To Be ReHeard
In a surprise decision, the 11th circuit has decided to rehear a claim for alleged sexual harassment and retaliation. Corbitt v. Home Depot involves two men who claim that a male human resources manager made unwanted sexual advances toward the men. When they complained, the men were allegedly fired in retaliation. Last August the 11th Circuit Court of…
Read MoreSales Commissions FLSA Case
Just because sales or other commissions are a part of your paycheck doesn’t mean that you are exempted from overtime pay under the FLSA, says the federal District court in the Southern District of Ohio. Since this case also followed a Kansas District case, it looks like it could be good Georgia employment law as well. The…
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