Atlanta Employment Attorneys Blog

Corporate Holiday Parties are Back in 2021. So, Too, Is the Risk for Sexual Harassment at Those Events.

December 8, 2021 | Parks, Chesin & Walbert

Here in 2021, lots of things are making comeback. One of them is the company holiday party. Just like before, holiday parties pose a special set of challenges and risks, and one of those often is sexual harassment. If you’ve been the target of sexual harassment at work, whether that harassment occurred at your company holiday party or elsewhere, you should reach out to an experienced Atlanta sexual harassment lawyer without delay to learn more about the legal options that may exist for you.

Sexual harassment (and the increased prevalence of it) at holiday parties may happen for a variety of reasons. For one, the setting (as many company holiday parties occur outside the physical office space) may lead some people to drop their inhibitions and feel freer to engage in inappropriate behavior. For another, many company holiday parties come with a degree of (and sometimes unlimited) access to alcohol, with those beverages serving as the fuel that further lowers some people’s inhibitions that would otherwise stop them from engaging in harassing behavior.

Recently in the news is a gaming company and the allegations of sexual harassment that, for people who’ve been the victim of holiday party sexual harassment, likely sound all too familiar.

What You Can Do If You’ve Lost Your Job in Georgia Because You Spoke Out Against Someone’s Else Acts of Sexual Harassment

November 30, 2021 | Parks, Chesin & Walbert

No one should, as a worker, have to choose between their job and speaking out when they see discrimination or sexual harassment in the workplace. Too many times, though, speaking out does lead to workplace punishment. When that happens to you, it is possible that your employer has engaged in illegal retaliation, so you should get in touch with a knowledgeable Atlanta employment lawyer to learn more about the legal options that may exist for you.

P.P. alleged in her Title VII case that that was exactly what happened to her. She worked as a supervisory employee for a burger restaurant in Atlanta where the owner-franchisee was the higher ranking person and the general manager was second in command.

One day in November 2018, the supervisor allegedly saw the general manager grope a male worker, but P.P. didn’t confront the manager. When the owner learned about the incident elsewhere, she began her own investigation during which she interviewed P.P. The supervisor told the owner what she saw and offered to provide a written statement.

Remote Work, the COVID-19 Pandemic, and the Law of Disability Accommodations

November 23, 2021 | Parks, Chesin & Walbert

Throughout much of 2021, remote work has been a hot topic throughout many industries. Whether a company was extending remote work, ending remote work, or moving to a “hybrid” option, the decisions made by businesses big and small have been in the headlines. For some, returning to the office for 40 hours every week now represents not just an inconvenience, but a very real and possibly very severe health risk. For those people, an employer’s refusal of continued remote work may be more than just a business decision, it may represent illegal discrimination. If you’re a worker in that position, you should check with a knowledgeable Atlanta disability discrimination attorney about your legal options.

R.M. was one of those workers trying to balance work and health. In early March 2020, R.M.’s doctors diagnosed her with a type of chronic lung disorder. A few weeks later, once the pandemic hit with full force, R.M.’s job, that of a health & safety manager at a Newton County pharmaceutical facility, moved from in-person to fully remote.

By summertime, though, the manager’s employer required her and her coworkers to return to the facility. Returning to the physical worksite would mean, according to the manager’s lawsuit, being in “close contact” with many colleagues, including sharing a desk with some of them.

Pizza Delivery Drivers in Georgia Settle Their Federal Minimum Wage Case Against a Major National Pizza Chain

November 16, 2021 | Parks, Chesin & Walbert

Delivery drivers face many challenges in the performance of their jobs. For some drivers, those difficulties might include unsafe drivers on the road, employers who impose unrealistic goals, and unruly dogs at residences. A more insidious problem some delivery drivers face is receiving what amounts to sub-minimum wages in violation of the law. If you think that is happening or has happened to you, you should talk to a knowledgeable Atlanta minimum wage lawyer about your circumstance.

One company that has found itself connected to multiple minimum wage cases involving its delivery drivers is Domino’s, the nationwide pizza chain. Delivery drivers have filed cases against Domino’s and/or its franchisees in Georgia, Washington, and New Jersey, just to name three.

The Georgia case, filed last year in the federal court for the Middle District of Georgia, was recently resolved via a settlement. Terms of the settlement, of which the parties informed the court on Oct. 22, 2021, were not made public.

Claim Preclusion and the Impact It Potentially Can Have on Your Unpaid Overtime Lawsuit in Georgia

November 9, 2021 | Parks, Chesin & Walbert

Having the right Atlanta unpaid overtime lawyer on your side can be priceless. In addition to all of the things your attorney will do, he/she may also provide incalculable value in the mistakes that he/she helps you avoid.

There are actually multiple ways that you can steer your case badly. One way is by taking action, but then taking the wrong action.

Although not from Georgia, a driver’s recent unpaid overtime case is a good example. Two months after leaving her job with a transportation services company, the driver sued. Her lawsuit stated that she was seeking compensation for “monies arising out of nonpayment of wages.”

A Fired Hospital Executive Recovers a $10M Discrimination Award After Accusing His Employer of Firing Him for Being White and Male

October 29, 2021 | Parks, Chesin & Walbert

The discrimination that women and people of color have historically faced is well-known. Many employers are aware, too, and have sought to take steps to increase the diversity of their workforces. As with almost anything, however, there’s a right way and a wrong way. Employers whose diversity initiatives fall into the “wrong way” column may find themselves in violation of laws banning race or sex discrimination. If you are someone who’s been harmed because your employer impermissibly discriminated against you based on sex and/or race, you may be entitled to significant compensation, even if you’re male and white. Regardless of your race or gender, you owe it to yourself to get in touch with an experienced Atlanta employment discrimination lawyer and discuss your legal options.

Earlier this week, the outcome of a discrimination case made headlines across the country, receiving coverage from major sources like The New York Times, CBS News, CNN, and Newsweek. What made the case newsworthy to many of these publications was the fact that the plaintiff was a white man.

The employee, who was the Senior Vice President of Marketing and Communications for a network of physician clinics and hospitals, started his job in August 2013. According to his lawsuit, on July 30, 2018, just five days shy of his fifth anniversary with the company, the vice president was summoned into a meeting and, without any prior notice, fired immediately.

Compensable Idle Time, Unpaid Meal Breaks and Your Unpaid Overtime Case in Georgia

October 22, 2021 | Parks, Chesin & Walbert

In a line from a popular 1999 workplace comedy film, the main character described his workweek thusly: “I just stare at my desk, but it looks like I’m working… I’d say in a given workweek I only do about 15 minutes of real, actual work.” Idle time at work is a reality at many jobs. How your employer does (or doesn’t) credit that idle time when it comes to paying you — including overtime pay — potentially can be a basis for an employer’s legal liability under the Fair Labor Standards Act. If you think your employer has underpaid you in violation of the law, get in touch with an Atlanta unpaid overtime lawyer right away.

Determining pay for workers’ idle time sometimes can present challenges. As an example, consider this unpaid overtime case involving employees of a federal government contractor.

The employer was an entity tasked with providing security on the flights the U.S. government provides to take certain deported immigrants back to their home countries. The employees were the security officers on those flights.

What the ‘Economic Reality Test’ Is and How It May Impact Your Unpaid Overtime Case in Georgia

October 15, 2021 | Parks, Chesin & Walbert

For many people who need to pursue legal action for unpaid overtime, one of the biggest hurdles they must clear is establishing that they are employees and not independent contractors, as independent contractors are not entitled to overtime pay under the Fair Labor Standards Act. Success in this regard involves utilizing the “economic reality test” established under federal law. Utilizing this test to your maximum benefit can be critical to your success, so it is vitally important that you have an experienced Atlanta unpaid overtime lawyer on your side from the very start.

To get an idea of this “economic reality test” in action, there’s this recent FLSA case from the federal court for the Northern District of Georgia. The plaintiffs were maintenance workers who alleged that, over an extended period, they were deprived of substantial amounts of overtime pay.

The group of handymen did maintenance work for an entity created to provide maintenance and property rehab services to a residential property management company. R.K., one of the workers, alleged that he “worked an average of ’60-plus hours a week'” during the period from April 2018 to January 2019 but did not get paid any overtime.

The Georgia Court of Appeals Revives the Case of a Whistleblower Who Exposed Alleged Impropriety at the County Jail

October 8, 2021 | Parks, Chesin & Walbert

One of the more stressful things you can encounter at work is discovering hidden wrongdoing by others. Even more stressful is when you’re a public employee and it becomes incumbent upon you to disclose that misconduct. If you’ve done so and you’ve been fired as a result, you have suffered a wrongful termination in violation of the Georgia Whistleblower Act. Contact a knowledgeable Atlanta whistleblower protection lawyer right away to begin taking the necessary steps.

A.B., an employee of a north Georgia sheriff’s department from 2001 until his firing in July 2014, alleged that he was one of those wrongfully terminated whistleblowers. That 2014 termination was preceded by a January 2014 incident where a jail officer used excessive force against an inmate. A.B., the supervisor on duty, prepared a written report. Concerned the excessive force incident might get swept under the rug, he also reported the occurrence to a lieutenant with the Office of Professional Standards (OPS).

Just a few weeks later, A.B.’s supervisor disciplined him, ostensibly for “neglect of duty.” Allegedly, the supervisor cautioned him never to contact OPS because “we’re going to take care of our own in the jail.”

You May Be Entitled to Overtime Pay in Georgia, Even if Your Job Title Says You’re a ‘Manager’

September 30, 2021 | Parks, Chesin & Walbert

Your employer may engage in various tactics that result in your not getting the total pay you deserve, including when it comes to overtime pay. Those techniques may be intentional or they may be negligent but, either way, they may be a violation of the Fair Labor Standards Act and may entitle you to receive compensation. Time to act and seek that compensation is limited, however, so make sure you contact a knowledgeable Atlanta overtime lawyer right away if you think you have been illegally denied the overtime you deserve.

A case from the U.S. Department of Labor (DOL) is a prime example. What started as an investigation into improper employment practices at a single golf driving range eventually expanded… by a great deal. By the time the DOL’s Wage and Hour Division finished, a Texas-based employer was on the hook for $750,000 in improperly unpaid overtime wages to more than 250 employers in 25 states. That group included 11 driving range employees here in the Atlanta area.

Of the $750,000, nearly $50,000 went to those 11 Georgia employees, including $16,000 to four employees at the Alpharetta driving range and nearly $33,000 to seven employees at the West Midtown location.