An old fable tells the story of a cat and a monkey. The monkey convinces the cat to fetch some chestnuts from the embers of a recently extinguished fire. The cat gets the nuts and gives them to the monkey, burning its paw in the process. A maid interrupts their…
Atlanta Employment Attorneys Blog
Staffing Agency Can’t Use Arbitration Clause in Employment Contract to Stymie Workers’ FLSA Class Action
A major national staffing services company could end up in legal hot water regarding the way it handled its time-keeping practices for some of its remote workers. A class of “virtual call center” employees launched a collective action accusing the company of violating the Fair Labor Standards Act by failing…
Eleventh Circuit Ruling Clarifies the Correct FMLA Leave Date that Matters in Retaliation Cases
A nursing facility’s activities director got good news from the 11th Circuit Court of Appeals when that court revived his Family and Medical Leave Act lawsuit, concluding that his retaliation claim was sufficient to escape summary judgment. Of larger significance, the 11th Circuit declared for the first time what the…
Untangling Employer-Mandated Grooming Policies: What Title VII Does and Does Not Allow
Late last summer, the 11th Circuit Court of Appeals issued a ruling in favor of an employer after an employment candidate accused the company of race discrimination by virtue of its enforcement of its employee grooming policies. This so-called “dreadlock decision” has led to many discussions and commentaries since its…
Tennessee Employee’s Failure to Follow Employer’s Reporting Policies Dooms FMLA Interference Case
In an employee’s Family and Medical Leave Act case, there are various potential avenues to success for an employer. One way an employer can blunt an employee’s case is by establishing that the employee did not follow company policy for reporting his FMLA absences. That’s what happened to one waffle-packaging machine…
Employee Allowed to Pursue Claim that Employer Retaliated Against Her for Reporting Sexual Impropriety
While much has been reported in the news recently in terms of bathrooms and civil rights, an Ohio public health agency employee’s Title VII lawsuit was a very different kind of bathroom case. The employee, a supervisory-level environmental health and sanitation worker, alleged that she suffered from workplace retaliation after…
Seventh Circuit Makes Headlines With Title VII Sexual Orientation Discrimination Decision, But What Does it Mean in Georgia?
One of the interesting byproducts of living in the 21st-century information age is the speed at which information transmits. In this age of smartphones, the world-wide web, and social media, news really does travel fast. Whether you are an LGBT person in the workforce or you’re an employer, chances are…
African-American Workers Pursue Case Alleging Rampant Racism at Georgia Farm
Sometimes the alleged acts of discrimination that go on within a workplace may be extensive and extreme. Even when that level of alleged racism is going on at work, it is still important to follow all of the necessary steps to pursue your case carefully and thoroughly to avoid procedural…
11th Circuit Panel: Sexual Orientation Discrimination Isn’t Impermissible Sex Discrimination Under Title VII
In the latest ruling of what has become a nationally watched case, an 11th Circuit Court of Appeals panel has upheld a trial court’s decision to throw out a Georgia security guard’s Title VII claim based upon her sexual orientation. The ruling is worth noting by Georgia employers and employees…
Tennessee Call Center Worker’s Poor Attendance Dooms Her ADA Case
When it comes to litigating issues in employment law, whether the issue is Family and Medical Leave Act interference, Fair Labor Standards Act retaliation, disability discrimination in violation of Americans with Disabilities Act, or some other violation of employment laws, one of the keys to success, especially as an employer,…