Sometimes, an unpaid overtime case is relatively straightforward. Other times, though, unpaid overtime cases can involve many layers and complexities, including issues like an employer’s potential immunity from liability. Whether you are an employee or an employer, it is crucially important to understand all of your rights and responsibilities under…
Atlanta Employment Attorneys Blog
FLSA Exemptions and the Burden of Proof in a Federal Unpaid Overtime Case in Georgia
A recent unpaid overtime ruling, while not occurring here in Georgia, is potentially significant to workers and employers here who find themselves embroiled in a dispute regarding the applicability of an exemption to the overtime pay requirements of the Fair Labor Standards Act. The recent case involved the proper burden…
How a Georgia Worker Overcame an Immunity Defense and Won a $202K Judgment in Her Disability Discrimination Case
As a worker, successfully pursuing a discrimination claim can involve many hurdles. In addition to having strong evidence, you have to file on time, you have to comply with all the rules of procedure and you have to overcome your employer’s defenses. Doing these effectively often requires in-depth knowledge and…
Counting the Days: Proper Calculation of FMLA Leave When a Holiday Falls Within that Period of Absence
The Family and Medical Leave Act — enacted 30 years ago — represents an important benefit to workers. The law allows you to tend to essential personal and family matters without fear that your employer will fire you while you’re gone. Whether you’re a worker who has encountered this type…
Adverse Employment Actions and Failure-to-Accommodate Claims Under the ADA
The Americans With Disabilities Act has been a part of federal law for 33 years. Despite that long-standing history, the complexity of this area of the law continues to yield compliance problems in workplaces across Georgia and the United States. Given the intricacy of disability law and the high stakes…
When Tolling Will — and Won’t — Save an Unpaid Overtime Case Filed After the FLSA’s Statute of Limitations Has Elapsed
It’s highly important to recognize all of the procedural demands involved in unpaid overtime cases. This is critical both from the perspective of ensuring that you’ve done everything the rules mandate and also from the perspective of taking proper steps to strengthen your position when the opposing side fails to…
U.S. Supreme Court Sides with a Business Owner Who Sought to Deny Service to Same-Sex Couples: What the Ruling Means for LGBTQ+ Georgians Going Forward
A groundbreaking new ruling from the U.S. Supreme Court has triggered substantial concern among members of the LGBTQ+ community. The court’s 6-3 decision says, for the first time, that the First Amendment’s right to free speech allows some business owners to refuse to serve some customers if taking those jobs…
Book Bans in Schools and How They Can Violate the First Amendment’s Right of Free Speech
Issues related to the contents of school libraries and the reading materials in school curricula have been in the news a lot lately. School authorities have considerable discretion in the books they include and which ones they exclude, but that power is not unlimited. It’s possible for school authorities’ choices…
How Employer Health Plans’ Exclusion of Gender-Affirming Care May Constitute Illegal Employment Discrimination
Transgender people face discrimination in many settings, and that includes the workplace. One way is when their employers provide insurance coverage to employees in a discriminatory manner. If your employer’s insurance plan discriminates against your gender-affirming care, that potentially can represent a violation of federal law and you should talk…
The Respect for Marriage Act and the State of Marriage Equality in Georgia and Elsewhere in 2023
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…