Eight years ago this month, the U.S. Supreme Court issued its landmark ruling in Obergefell v. Hodges establishing marriage equality across the U.S. Even though marriage equality is the law of the land, gay and lesbian people still encounter many hurdles. If you’ve encountered illegal discrimination because of sexual orientation…
Atlanta Employment Attorneys Blog
When a Reduction of a Worker’s ‘Regular Rate’ of Pay Crosses from a Permissible Modification to an Illegal Dodge of the Requirements Imposed by the FLSA
Employers have several tools at their disposal to cut costs, including the expenses that go with paying their workers. The law gives employers considerable latitude in modifying workers’ pay if those workers have begun putting in longer hours but, as any knowledgeable Atlanta unpaid overtime lawyer can tell you, when…
The U.S. Labor Department Issues New Guidance on the Rights of Breastfeeding Workers and the Responsibilities Their Employers Have Toward Them
A few months ago, this blog looked at the impact of the Fair Labor Standards Act on remote workers, including new moms who are breastfeeding or expressing milk during the workday. Today, we’re going to look at a related but separate group: pumping moms working at the employer’s worksite. Whether…
The Federal Court Procedure for Terminating a FLSA Case Partially Resolved Via Settlement
Currently, the law allows restaurant employers to pay employees a base rate below the mandatory minimum wage as long as those workers ultimately end up receiving total compensation that works out to be more than the minimum hourly requirement (which, here in Georgia, is $7.25.) If you find it necessary…
When Ageist Insults Can Factor into a Federal Age Discrimination Case in Georgia
The emergence of memes involving the derisive phrase “OK boomer” is a reminder that age-based bias is as pervasive as ever (if not more so) across America and here in Georgia. While some age-biased insults may be merely rude or in poor taste, other times, they represent something very profoundly…
The Importance of Thorough — and Factually Consistent — Documentation When it Comes Time to Litigate a Discrimination Case
TV and theatrical depictions of lawyers and litigation often take a great degree of “artistic license.” (Scenes inside a courtroom room rarely look like what happens on a Law and Order show.) One thing shows and movies get right, though, is a good attorney’s ability to spot weaknesses in the…
A Federal Court in Georgia Denies the Salvation Army’s Dismissal Motion in a Minimum Wage Dispute Involving ‘Rehabilitation Program’ Participants Who Worked in Its Thrift Stores
When it comes to determining compliance with the Fair Labor Standards Act’s minimum wage and overtime compensation requirements, it’s essential to understand that not all workers receive pay 100% in the form of cash. Some may receive compensation through housing, meals, or other non-cash forms. Even if you’re receiving in-kind…
Properly Pleading a Case of FMLA Interference or Retaliation in Georgia
When your employer illegally interferes with your rights under the Family and Medical Leave Act (FMLA) or retaliates against you for invoking those rights, you may be entitled to seek a civil judgment and recover compensation based on those violations. Winning an FMLA interference claim or FMLA retaliation claim requires…
The Georgia General Assembly Weighs Passage of a Bill That Would Ban Many Forms of Workplace Pregnancy Discrimination
Workers who make the decision to continue navigating the workplace during (or very shortly after) their pregnancies face many potential challenges, from the logistical to the physical to the emotional. What they shouldn’t have to face is discrimination on the job because they’re continuing to work while pregnant or nursing…
The Right (and Wrong) Way to Navigate an Employee’s FMLA Request in Georgia
The Family and Medical Leave Act (FMLA) grants important rights to many workers across the country. The statute also erects some specific obligations on both workers and employers. A worker’s failure to meet their obligations can result in a loss of eligibility for leave, while an employer’s failure to follow…