Agricultural Workers Under the Migrant and Seasonal Agricultural Worker Protection Act
Most seasonal agricultural workers in Georgia and the rest of the country are covered under two separate labor laws-the Fair Labor Standards Act, and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The two laws always need to be read together, as well as in conjunction with state laws, by a qualified employment lawyer, to…
Read MoreAgricultural Workers Under the FLSA
Farms are now in full swing all across Georgia, the South, and most of the rest of the country, employing thousands, if not millions, of farm workers. Most seasonal agricultural workers are covered under two separate federal labor laws – the Fair Labor Standards Act, and the Migrant and Seasonal Agricultural Worker Protection Act. This…
Read MoreCall Center Workers and the FLSA
One of the notable parts of the modern world is that we seem to be constantly dealing with customer service representatives— in trying to buy something over the phone, pay or adjust a bill, trying to get your computer fixed, trying to book a flight, or just trying to get a little information on a…
Read MoreAdditions to FMLA Proposed in Congress
Two bills were recently introduced into the United States Congress that, if passed, would have an important effect on the Family and Medical Leave Act (FMLA). Taken together, they would both expand the current effect of the bill and roll back some of the restrictions that the previous administration’s had imposed on that law. Under the FMLA,…
Read MoreGenetic Testing in the Workplace? Meet GINA
In the 1997 sci-fi thriller Gattaca, virtually every job on earth was determined by a person’s genetic makeup. With the map of the human genome now available for download, science fiction may rapidly become science fact. But U.S. employment laws, to be phased in this month and next September, have stepped in to attempt to eliminate…
Read MoreDaycare Workers Under the FLSA
As if preschool and daycare workers in the Atlanta area don’t have enough problems on the job, from picking up every communicable bug out there to bites, tantrums, and parents who can be late and unappreciative, they can be among the types of employees who are routinely and illegally denied overtime pay. A typical work day…
Read MoreSummer Jobs Part II – Farm Jobs
With the summer job search in full swing, many young people living outside Atlanta may be looking to work on a farm for the season. There are a number of regulations under the Fair Labor Standards Act that apply to young farm workers that parents and children need to be aware of. Consulting an employment…
Read MoreWhistleblower Case Upheld by ALJ
Last month, the U.S. Department of Labor’s Administrative Review Board (ARB) rendered a decision upholding an Administrative Law Judge’s pro-whistleblower decision under the Sabanes- Oxley Act (often referred to as SOX these days). The ALJ in Kalkunte v. DVI Financial Services, Inc., a case decided in 2005, held that a privately-held company acting as a contractor,…
Read MoreClassifying Home Health Care Workers
Atlanta is replete with people who work in the field of home health care. Home health care workers have a special set of regulations under the Fair Labor Standards Act. For instance, a home health care worker may or may not be entitled to overtime pay, depending on the circumstances of employment. First, the definition. A…
Read MoreWhen Do Salaried Employees Qualify for Overtime Pay?
Most salaried employees don’t get overtime pay. But is the reverse true-does an employer have to pay full salary if the employee isn’t at work? Some deductions from pay will be proper, but some may cause an employee to lose that exempt status and qualify for overtime. Allowable deductions to your salary, according to a July…
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